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http://tinyurl.com/9un8f4g
"The United States is virtually the only common law
jurisdiction in the world that continues to use the grand
jury to screen criminal indictments.[1][2] Generally
speaking, a grand jury may issue an indictment for a crime,
also known as a "true bill," only if it finds, based upon
the evidence that has been presented to it, ==>that there is
probable cause to believe that a crime has been committed by
a criminal suspect.<=="
Key phrase is "..., based upon the evidence that has been
presented to it,..." As is well known, the grand jury
system in many jurisdictions is subject to gross
prosecutorial abuse by the selective presentation [or
omission] of frequently "secret" testimony/evidence.
Without knowing the details and context of what was (and was
not) presented to the grand jury, it is impossible to
meaningfully critique their verdict.
As the article notes, *HISTORICALLY* in the U. S.:
"In the early decades of the United States grand juries
played a major role in public matters. During that period
counties followed the traditional practice of requiring all
decisions be made by at least twelve of the grand jurors,
(e.g., for a twenty-three-person grand jury, twelve people
would constitute a bare majority). Any citizen could bring a
matter before a grand jury directly, from a public work that
needed repair, to the delinquent conduct of a public
official, to a complaint of a crime, and grand juries could
conduct their own investigations. In that era most criminal
prosecutions were conducted by private parties, either a law
enforcement officer, a lawyer hired by a crime victim or his
family, or even by laymen. A layman could bring a bill of
indictment to the grand jury; {note three requirements} if
the grand jury found there was sufficient evidence for a
trial, that the act was a crime under law, and that the
court had jurisdiction, it would return the indictment to
the complainant."
It seems obvious the citizen "grand jury" has been captured
by the political administration and now is largely an
anachronistic "fig leaf," which should be abolished. It is
however not clear what sort of institution should replace
it. One suggestion is to expand the initiative process to
include the function of a grand jury so that the citizens
could force an inquest/investigation under an independent
counsel into civil operation of the government, if not
individual crimes.
As in so many things, the changes in the
socioeconomic/demographic structure of the community, and
the complexity of technology have been so great that the
traditional procedures and processes are increasingly dis
functional and even counterproductive ==>A significant
complicating factor is that increasingly the American public
expects to have their cake and eat it, in that they demand
civil liberties, *AND* law-and-order, without
participation/contribution on their part.<== IT DOESN'T
WORK THAT WAY! For example if the communities of color
don't want to be policed by white officers and they don't
want their community run by white politicians, the young men
and women of color in the community must step up and enter
law enforcement, and the adults must become involved in the
operation/governance of their community. IIRC Ferguson had a
7% voter turnout in their last election.
--
Unka' George
"Gold is the money of kings,
silver is the money of gentlemen,
barter is the money of peasants,
but debt is the money of slaves"
-Norm Franz, "Money and Wealth in the New Millenium"