Darren Wilson, the
white police officer who killed Michael Brown, has resigned from the Ferguson
Police Department. Prosecutor, Robert McCulloch chose a grand jury instead of a
preliminary hearing in the Ferguson case. Grand juries hear and see only what
prosecutors put before them, unlike preliminary hearings where the defense is
present. This case varied in many ways. For one, the defense was present and
spent four hours testifying. Technically, prosecutors are required to present
"exculpatory" evidence-evidence that suggests the defendant might be
innocent-though there is no way to enforce this rule. Where they have a choice, prosecutors often
prefer grand juries because they are secret; everything is kept confidential to
protect the defendant's reputation in the case that he/she is not indicted.
Grand juries almost always return an indictment as requested by the prosecutor.
In this case, McCulloch did not recommend a charge or charges against Officer
Wilson. He also chose to make the testimony and evidence public for the sake of
transparency. Even with this, protests of all sorts have broken out
nationwide-some violent-in response to the grand jury's decision. This case
also differs from typical grand jurors because the grand jury was given more
leeway in calling witnesses and issuing subpoenas. As of right now, two
investigations are underway. The FBI opened a civil rights case, and the
Justice Department began a similar civil rights investigation to see if the
Ferguson police have a history of racial discrimination or violence.
Interestingly, the grand jury in this case was comprised of 9 white people and
3 black people, and the jury needed a three quarters majority to indict.
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