Given recent events in Ferguson and New York, specifically Michael Brown and Eric Garner non-indictments, I have been thinking a lot about the grand jury process. It is my understanding that: 1. The prosecutor is under no obligation to disclose exculpatory evidence to a grand jury. 2. The grand jury determines if there is probable cause for an arrest. Not if they are guilty or innocent. 3. The prosecutor is usually a district attorney. Someone who works closely with the police. 4. Step 1 and 2 can be skipped in some state prosecutions but a similar preliminary hearing with a judge replaces it. Given this information, why are we letting someone on the same team prosecute his teammate? That would be like letting the home team coach call all the fouls at a football game. Is there and can we get an independent prosecutor?
Posted on: Thu, 04 Dec 2014 14:13:09 +0000
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