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Michael Brown shooting: what the Missouri grand jury will consider Michael Brown shooting: what will the Missouri grand jury consider?
(4 months later)
A grand jury began hearing evidence in the case of Michael Brown, the Ferguson teenager shot dead by police, this week. The grand jury will operate in a far different environment from a typical criminal jury.A grand jury began hearing evidence in the case of Michael Brown, the Ferguson teenager shot dead by police, this week. The grand jury will operate in a far different environment from a typical criminal jury.
In Missouri, 12 grand jurors meet in secret to hear evidence presented by a prosecuting attorney. The jury must determine if a crime has been committed and if there is probable cause to indict the accused.In Missouri, 12 grand jurors meet in secret to hear evidence presented by a prosecuting attorney. The jury must determine if a crime has been committed and if there is probable cause to indict the accused.
The standard of proof in a grand jury proceeding is lower than in a regular criminal trial. Rather than “guilty beyond a reasonable doubt”, the prosecutor must show only that a preponderance of the evidence points to guilt – a standard similar to an American civil court trial.The standard of proof in a grand jury proceeding is lower than in a regular criminal trial. Rather than “guilty beyond a reasonable doubt”, the prosecutor must show only that a preponderance of the evidence points to guilt – a standard similar to an American civil court trial.
Additionally, the process is not adversarial. The lawyer of the accused cannot attend proceedings, although the accused may testify as a witness. There is no judge present. The prosecutor chooses which evidence to present and is not required to present material that may point toward the innocence of the accused.Additionally, the process is not adversarial. The lawyer of the accused cannot attend proceedings, although the accused may testify as a witness. There is no judge present. The prosecutor chooses which evidence to present and is not required to present material that may point toward the innocence of the accused.
St Louis County prosecuting attorney Bob McCulloch, however, has publicly promised every piece of evidence will be shown. “We will be presenting absolutely everything to this grand jury – every statement that any witness made, every witness, every photograph, every piece of physical evidence,” McCulloch told the McGraw Show on KTRS-AM radio this week. “Absolutely nothing will be left out.”St Louis County prosecuting attorney Bob McCulloch, however, has publicly promised every piece of evidence will be shown. “We will be presenting absolutely everything to this grand jury – every statement that any witness made, every witness, every photograph, every piece of physical evidence,” McCulloch told the McGraw Show on KTRS-AM radio this week. “Absolutely nothing will be left out.”
McCulloch will not actually lay out the case. That duty will fall to two assistant prosecutors, Kathi Alizadeh and Sheila Whirley. The St Louis Post-Dispatch reported that Alizadeh has 27 years of experience and is white, while Whirley, who is black, is an 18-year veteran.McCulloch will not actually lay out the case. That duty will fall to two assistant prosecutors, Kathi Alizadeh and Sheila Whirley. The St Louis Post-Dispatch reported that Alizadeh has 27 years of experience and is white, while Whirley, who is black, is an 18-year veteran.
Once the evidence has been presented, at least nine members of the grand jury must vote in favor of indicting the accused for charges to result.Once the evidence has been presented, at least nine members of the grand jury must vote in favor of indicting the accused for charges to result.
In some ways, a grand jury may be viewed as a sort of citizen review panel, tasked with reviewing the quality of evidence before the start of any criminal trial. The use of a grand jury is not required; prosecutors can choose to file charges without using the process.In some ways, a grand jury may be viewed as a sort of citizen review panel, tasked with reviewing the quality of evidence before the start of any criminal trial. The use of a grand jury is not required; prosecutors can choose to file charges without using the process.
Grand juries, however, are appealing to prosecutors for variety of reasons. They can provide political cover while also allowing for the collection of additional evidence via subpoena.Grand juries, however, are appealing to prosecutors for variety of reasons. They can provide political cover while also allowing for the collection of additional evidence via subpoena.
Grand juries are well-known in the United States for their tendency to follow the prosecutor’s wishes. Many criminal defense attorneys have complained that a grand jury is little more than an investigative tool. Witnesses may be called to testify without counsel, and jurors are not disqualified for personal bias via peremptory challenge, as in a criminal trial.Grand juries are well-known in the United States for their tendency to follow the prosecutor’s wishes. Many criminal defense attorneys have complained that a grand jury is little more than an investigative tool. Witnesses may be called to testify without counsel, and jurors are not disqualified for personal bias via peremptory challenge, as in a criminal trial.
St Louis County grand juries meet once a week on Wednesdays. Rather than work on a single case, grand juries in St Louis typically consider a variety of cases until their predetermined term expires. The grand jury hearing the Brown case was scheduled to be dismissed in September, but McCulloch will extend its term, as the proceeding is expected to last through October.St Louis County grand juries meet once a week on Wednesdays. Rather than work on a single case, grand juries in St Louis typically consider a variety of cases until their predetermined term expires. The grand jury hearing the Brown case was scheduled to be dismissed in September, but McCulloch will extend its term, as the proceeding is expected to last through October.