Wednesday, November 26, 2014

Strange Events in Ferguson

For those who are ignorant of how legal proceedings are normally conducted, the grand jury failure to indict Officer Darren Wilson can almost sound reasonable.

But in truth, failure of a grand jury to indict is extremely rare.  And presenting the grand jury with ALL the available evidence, including all the possibly exculpatory evidence, is beyond rare.  It doesn't happen.

Grand jury proceedings are NOT a trial.  There are no battling lawyers, no judge, no formal rules.  It's just a relatively informal proceeding that is supposed to help a prosecutor decide whether to bring a case to trial.  Normally, no exculpatory evidence is presented, the TRIAL is the place for that.  It's a proceeding that is supposed to evaluate the evidence against a possible defendant(s) after a possibly criminal incident has occurred, to investigate whether the incident(s) that took place could result in a conviction at a subsequent trial.

This is not what took place in Ferguson.  The prosecutor did not guide the grand jury as he would normally do, he just dumped all the available evidence on them and left them to fend for themselves. With the mountain of conflicting stories available to consider, they had little choice except to give up and say there is no clear case.

But the reality of criminal law is that witnesses almost ALWAYS differ in the details.  The prosecutor would normally point this out, and in any case would never normally present the grand jury with exculpatory or confusing accounts as the prosecutor did in this proceeding.

The process was rigged, it was a crooked proceeding dressed up to look like something fair and impartial.  Most importantly, it was very far removed from anything that would have happened if the shooter had been anyone other than a white police officer in a racist community.  There was enough solid evidence in this case to indict Officer Wilson 20 times over.  If he is innocent of a crime, a TRIAL would have been the place to prove that, not a grand jury proceeding where a prosecutor played the role of Wilson's defense attorney and abdicated his role as a representative of THE PEOPLE.

No comments:

Post a Comment