Explain the meaning of the Ferguson grand jury decision?

Not looking for debate or argument here. I just want to understand the legal significance of the grand jury’s decision not to indict officer Wilson.

People sometimes get angry when a person arrested for some heinous infraction is released on bail because they think it’s unjust/unfair, like the arrestee is getting away with his crime. But they fail to remember that the person has not yet been convicted; he’s not supposed to be punished yet, and so it’s appropriate to let him walk around in public for now, provided they have some assurance that he will show up for his trial.

People sometimes get angry when a person is found “not guilty” at trial, forgetting that there is a difference between “innocent” and “not guilty.” The latter does not mean the defendant didn’t commit his crime; it merely means the evidence presented at the trial was not sufficient to prove guilt beyond a reasonable doubt.

And now, people around the country are angry about the Ferguson grand jury’s decision not to indict Wilson. Which leads me to ask:what is the meaning of the grand jury’s decision? Does it mean:

-they think he’s factually innocent?
-they think there’s not enough evidence to bother with a full-blown trial?
-they think there’s not enough evidence to provide strong assurance of a conviction at a trial (regard?
-…something else?

I gather that a grand jury isn’t convened for every single person suspected of a crime. Under what circumstances is a grand jury convened?

The specifics vary by jurisdiction but the decision basically means that the grand jury decided that the evidence presented didn’t show probable cause to believe the officer committed a crime.

It just means the grand jury didn’t find probable cause that the person involved committed any crime. I guess rolled up in that definition would be the second two of your three, a grand jury that doesn’t find probable cause would also implicitly reason there is little chance of conviction and certainly no reason for a trial.

In general the court system almost never deals with the issue of determining genuine innocence. That really only seems to come up in cases of appealing criminal convictions to exonerate someone (where new evidence of genuine innocence can often be what gets someone set free.)

There is no standard on grand juries from State to State, so it will vary from one to another. The ancient concept of a grand jury was to protect citizens from malicious prosecutions, it’s a recognition that whatever happens at trial just being prosecuted can be used as a tool of the State to punish people unjustly. Since the grand jury only has to find that there is probable cause, they very rarely fail to indict, they are really just a check to make sure you don’t have a government that is outright maliciously and flagrantly going after people for no reason.

Probable cause is a low standard, in the hierarchy of burden of proof standards it’d go: reasonable suspicion --> probable cause (required for warrants / police arrests of people / indictments) --> preponderance of the evidence (required to rule in favor of a plaintiff in a civil matter) --> clear and convincing (required in certain situations, like an appeal of a criminal conviction, clear and convincing evidence of innocence may be required to get relief) --> beyond a reasonable doubt (required to convict in criminal court)

As for whether a grand jury is used or not, that’s where it matters what jurisdiction you are in. The “ordinary” flow chart for a grand jury case might be:

[Arrest] (Officer believes crime has been committed, effects arrest) --> [Preliminary Hearing] (Before a judge or magistrate, this person determines if there is probable cause, if not, the process stops here) --> [Bail / Detention Hearing] --> [Grand Jury] --> [Trial]

That’s for your garden variety crime, many of which start with a police officer being directly involved and making an arrest. The preliminary hearing before a magistrate early in the process is the first line of defense for the accused, you’re going to have that very shortly after being arrested and it’s again, designed to just get people out of jail for whom there is essentially no evidence supporting an arrest. So it’s a protection against vindictive arrest.

Another example of when a grand jury might be used would be any situation where a prosecutor suspects a person may be guilty of a crime but no arrest has been made. The prosecutor will go before a grand jury to get an indictment. In this scenario the indictment can actually precede the arrest, and there may not be a preliminary hearing at all since the indictment is considered a stronger proof that there is probable cause to support a charge and a trial.

There are complex reasons this might occur. Sometimes it’s because of the notoriety of a defendant, the prosecutor doesn’t want to make an arrest unless he can get an indictment. Remember all the stuff with Barry Bonds and BALCO and the grand jury involved there? In theory they could have arrested Barry, but he was a mega-millionaire and likely his lawyers would have gotten the charges dismissed in a preliminary hearing, so the prosecutors went through the grand jury process for strategic reasons.

Other times, a prosecutor is laying out a case against a criminal conspiracy and needs to present evidence on a wide range of issues and a wide range of individuals. The grand jury proceedings are absolutely secret, and this is a mechanism the prosecutor can use to get a large batch of indictments, and then police can execute the warrants en masse. This is important because in a criminal conspiracy / criminal organization if they didn’t arrest everyone at once, most would flee when they saw their co-conspirators getting arrested over the course of a few days or weeks.

In States and jurisdictions that do not use grand juries, the workflow is often similar to the first example above, but just without the grand jury. There is then just a preliminary hearing.

So basically deciding whether or not one will be used is a function of:

  1. The law, some States require it in all felony cases. The Federal government and the U.S. Constitution require one in all felony cases, this requirement does not apply to the States.

  2. If the law doesn’t require it in all cases, it’s typically a matter of prosecutorial discretion as to whether to use a grand jury or not, and in those cases the preliminary hearing may be the only test of probable cause prior to trial.

  3. In States with grand juries, the defendant sometimes has the opportunity to waive the right to a grand jury and can just be served with a charge information statement instead. There are reasons a defendant might go this route.

All States have statutes pertaining to grand juries on the books, only about half the States actually use grand juries regularly. The Federal government uses grand juries for all felonies.

It’s choice number 2: “-they think there’s not enough evidence to bother with a full-blown trial.”

The implication is that the evidence is so weak that no unbiased jury could ever find the defendant guilty.

In most states, “when the prosecutor feels like it.” In some (a minority) it’s required for capital charges or certain felonies.

I was discussing this case last night in the pub. There is no ‘grand jury’ here and it’s up to the CPS whether a case gets to court or not. The consensus was that the case would certainly have gone to trial. Before all that, there would have been a Coroner’s Inquest to determine the cause of death (no argument there) and the circumstances around it. The verdict could be ‘misadventure’ meaning that it was accidental (unlikely) or unlawful killing which is the likely result here.

We thought that with such a public outcry, the CPS would think that all the evidence should be heard in open court. It would also allow a period of tome for the situation to cool down, as once the officer was charged (probably with manslaughter) the news media could no longer report on it.

Er, wot? The news media certainly continued to report on the George Zimmerman saga after he was charged and there’s no reason to think they would have stopped talking about Brown/Wilson/Ferguson.

bob++ is in the UK, according to his profile. Might be different laws/culture in play.

Oh, yeah. That makes sense - I forgot the UK prohibits reporting on some pending criminal cases.

Yeah, I’ve actually said a coroner’s inquest would be a good thing here but we don’t really have those in the United States. It gives people a feeling that the issue is being investigated in an open way where all the information will come out.

The thing in America is, let’s say Darren Wilson wasn’t a cop, and this was just a street confrontation where you had a bunch of witnesses. Many end up being unreliable, many support Wilson’s story, many support a story slightly different. Physical evidence supports Wilson’s story (which is a claim of self defense.)

What would your typical prosecutor do, removed from all the politics? Either decline to prosecute or try to prosecute on a pretty low charge hoping for a plea deal. But it’s likely there wouldn’t be a prosecution, because prosecutors here have extremely high conviction rates because they almost never go to trial with a case where they think they will probably lose.

The issue is the American system is not at all setup for a trial to be a “place where we learn what really happened.” That isn’t what a trial is designed for, the trial is a place where the State is trying to convict someone it believes committed a crime. If the State’s agent doesn’t believe a conviction is possible, our system is set up so that the State’s agent really won’t want to do the trial. That leaves some people feeling dissatisfied, because we don’t really have a judicial process here that is just about “fact finding” other than a grand jury (which is rarely used for that, but legally can be, but which is also conducted in secret.)

Something like a congressional hearing can be a fact finding mission, but we don’t really have the equivalent of that for individual criminal matters.

Of course, congressional hearings have their own problems. Sometimes a congressional hearing is a genuine response to a problem, but more often it’s being driven by some underlying political agenda. Consequently, you get a lot of posturing and politicians trying to score points, so the signal-to-noise ratio tends to be rather poor.

Thank you for saying this. I tried to explain that multiple times in the past when someone brings up that they only need probable cause to charge someone. I seem to remember saying something similar in the first Zimmerman thread before it became a national story when someone asked what reason they might have for not charging. Trials are a pain in the ass. They are time consuming and there is lots of work involved even in relatively simple cases. Especially if you are in a county like mine where they have a heavy case load and too few judges. The prosecutors do not want to see just probable cause. They want to see a case they can win.

How final is a Grand Jury “acquittal”? All explained in all the accounts, Wilson will now never be charged. Is that for certain? Could a prosecutor charge a suspect with a crime even after a GJ declines to indict? Could a prosecutor call for a new GJ if the first GJ declines to indict? There’s nothing like double-jeopardy protection after a GJ finding, is there?

Double jeopardy only applies to a trial, which this is not. Another Grand Jury could be convened, or the county prosecutor could choose to indict without a Grand Jury, but I think that’s about as likely as me being elected President of the United States as a write-in candidate.

It’s not something I don’t know. It’s just a perversion of the legal system. If it’s supposed to be probable cause, that’s what it should be, full stop.

I think if a GJ declines to indict, that’s it for whatever political entity (state, county, city) or lessor entity the GJ was representing. I heard somewhere there’s pressure for a Federal GJ to hear the case for Federal charges, which is another thing.

And no matter what the talking heads and activists have to say, I’m pretty sure the GJ was presented with evidence that was not available to the general public. And prosecutors are generally NOT permitted to make public statements until, at least, the trial (if there is one) begins.

That’s not it. Provided the jurisdiction does not require indictment by grand jury for the crime involved, the prosecutor can still charge by information (or whatever the local procedure is called). It’s just not a very good idea.

No, it’s not. You have a very simplistic view on the matter. Do you think it is a good idea for a prosecutor to go forward with a case that he is certain has reasonable doubt just because there is probable cause? What is the benefit to go through a trial he can’t win? This is real life. Trials are not the last 15 minutes of Law and Order. They are time consuming and costly.

This is the oddity of a Grand Jury. What’s the purpose of essentially a biased one-sided trial (in this case, taking 3 months) to determine if there is supposed to be a trial? That was the original purpose of a trial; the state says “there’s probably cause that a crime was committed, let’s have a trial”. There should be no need for intense navel-gazing, the trial itself is what’s supposed to solve the question of “how much evidence”?

A grand jury would be useful in cases where there is some evidence that cannot be elicited any other way, that may be crucial to the case, or there’s some question who is likely the guilty parties in a confusing altercation.

Typically you will get conflicting testimony. It seems to me that is the purpose of a trial, to figure out who seems to be telling the truth and who is lying or confused. Just finding that “some said A some said B” does not mean A is not correct.

Again, there is a hierarchy of standards of proof. Properly, a trial should not occur if there is not probable cause that a crime has been committed by the defendant. But a conviction should not be handed down unless there is evidence showing beyond a reasonable doubt that the defendant committed a crime.

The actual ethical standard would be that if a prosecutor sees a case where there is probable cause but also reasonable doubt he does not prosecute. Prosecutors represent the State, but they also are not, ethically, supposed to prosecute if they don’t believe someone committed the crime beyond reasonable doubt.

Because they are different standards of proof it’s entirely possible that a case could have probable cause while there also being significant reasonable doubt as to the defendant’s guilt.

Some things are “arguable reasonable doubt”, meaning a prosecutor and defense attorney will argue about it and leave it to a jury to decide. But there are also many situations where a prosecutor himself looks at a case and h as reasonable doubt. For both practical (he ain’t gonna win, if even he is conceding there is reasonable doubt he knows any conscious defense attorney is going to skewer his case at trial) and ethical reasons in those scenarios prosecutors shouldn’t conduct a trial.

A trial is not actually a fact finding endeavor. The fact finding is supposed to happen in the investigation (by both police and the prosecutor.) A trial is not a fact finding process, it is a fact trying process, which is different. You guys realize prosecutors aren’t discovering witness testimony for the first time at trial, right? Typically they have conducted many interviews with all material witnesses to the case long before it’s ever gotten to trial. Alibi witnesses for the defense and others as well will have often spoken to the prosecutor. Now, since many defense witnesses will be professional witnesses hired by the defense they won’t talk to the prosecution prior to trial, and a prosecutor can’t know for sure exactly how testimony will go in court (since he doesn’t have control over how a witness answers either his or opponent’s questions), but in general there aren’t as many surprises in a court case as you see on Law & Order. Prosecutors have done their fact finding long before they bring the case, you don’t win cases very well if you do it backwards.