Eric Garner, Killed with Impunity

[canyonwalker]

It's like the events in Ferguson are a contagion that's spreading. Barely a week after a grand jury in St. Louis declined to charge police officer Darren Wilson for killing unarmed Black man Michael Brown, a grand jury in New York City declined to charge officer Daniel Pantaleo for killing unarmed Black man Eric Garner. [NY Times news story: "New

Comments

[canyonwalker]

I disagree that a grand jury should never consider exculpatory evidence. Consider:

1) The purpose of a grand jury is to determine whether probable cause for trial exists. Part of rationally determining probable cause includes considering defense evidence.

2) While the federal law for federal grand juries prohibits the defendant from presenting his or her case, this is not necessarily the case with state laws. In New York in particular, state law allows the prosecutor to call any witness. It also allows the grand jury itself to subpoena testimony from anyone believed to have relevant information. Cite: NY Criminal Procedure Law sec 190.50. Link: http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$CPL190.50$$

If we're discussing ways to reform the grand jury system, I would like to see it largely abolished, as it has been in all other countries following some descendant of English Common Law. The grand jury system is largely just a rubber stamp, adding a false sense of independent validation to whatever prosecutors wish to do-- whether it's charge a defendant or decline to file charges.