The Examiner
The lack of homicide charges against the three officers who executed the fateful no-knock warrant on Breonna Taylor's Louisville apartment is just another reason why we need to rid ourselves of grand juries.
Two officers were "no-billed" meaning grand jurors returned no bill of indictment and one Louisville officer, Brett Hankinson, was charged with wanton endangerment for firing bullets into the wall of a neighbor's apartment.
There's good reason to bury the grand jury. They uncheck government power and allow it to focus on someone without any due process.
Grand juries aren't like usual juries petit juries that hear evidence and argument from the government and the accused, moderated by a judge. Instead, grand juries are secret, non-adversarial which means no one cross examines witnesses or presents testimony that might exonerate the person about to be accused and entirely controlled by prosecutors. There's no judge or overseer to monitor what they do.
From 2009-10, the federal Department of Justice pursued 193,000 cases. Grand juries "no billed" 11 of them. That's a win rate of 99.99%.
Grand juries absolve prosecutors of responsibility. Lawyers like Daniel Cameron, the attorney general of Kentucky, absolve themselves by pointing to the grand jurors, who usually aren't allowed to discuss the evidence or instructions presented to them even though they were administrative marionettes, doing exactly what people like Cameron told them to do.
We can stop relying on these bodies. Connecticut and Pennsylvania have done away with them entirely. Only 25 statesrequire grand jury indictments before commencing a criminal case. Just 14 states require felonies to be charged by a grand jury.
Ridding ourselves of grand juries wouldnt slow any prosecutorial roll; they can secure the same indictments by presenting sworn affidavits to a judge who will act as a one-person grand jury and indict with his signature.
If anything, district attorneys will probably charge and prosecute more people because grand juries are expensive and slow, involving multiple people over several months.
We cant shake the grand jury requirement for federal crimes; its enshrined in the Fifth Amendment of the U.S. Constitution. Some states Kentucky is one of them include grand juries in their constitutions so amendments would be in order to extinguish these tribunals completely. Its hard to amend a constitution but not impossible.
But that doesnt mean we shouldnt get as close to that goal as possible now. Our Founding Fathers designed American justice to be fair and open. Grand juries are neither.
Chandra Bozelko writes theblog Prison Diaries. You can follow her on Twitter at @ChandraBozelko and email her at outlawcolumn@gmail.com.
Visit link:
It's time to get rid of grand juries - Blue Springs Examiner
- Fifth Amendment - The Text, Origins, and Meaning of the ... [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- 5th Amendment - Revolutionary War and Beyond [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Fifth Amendment | Wex Legal Dictionary / Encyclopedia ... [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Fifth Amendment to the United States Constitution ... [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- In NH, Ted Cruz talks Senate race, personal past, 2016 [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- Justices suggest public employees' testimony is protected [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- Fifth Amendment to the United States Constitution - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- HST 330 fifth amendment presentation - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Police not sure if Sioux City murder suspect invoked 5th Amendment rights [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- Christie Ally Samson Refuses to Give Documents to Lawmakers [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- House votes contempt for ex-IRS official [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- 231-187 vote fell almost entirely along party lines [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- House votes to hold ex-IRS official in contempt [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- House votes to hold ex-IRS official Lois Lerner in contempt of Congress [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- Ex-IRS official held in contempt [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- Judge: Bensalem officials didn't invoke the Fifth [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- House votes to hold Lois Lerner in contempt [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- House holds Lois Lerner in contempt [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- House votes to hold former IRS official in contempt [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- Articles about Fifth Amendment - Los Angeles Times [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- Former PA Chairman Samson Pleads Fifth - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- No plans to arrest Lois Lerner, John Boehner says [Last Updated On: May 13th, 2014] [Originally Added On: May 13th, 2014]
- Im not going to testify: Witness pleads Fifth Amendment during Bangor triple murder trial [Last Updated On: May 13th, 2014] [Originally Added On: May 13th, 2014]
- GOP-led House votes to hold former IRS official in contempt [Last Updated On: May 13th, 2014] [Originally Added On: May 13th, 2014]
- Attorney: Defense told Corso will take Fifth [Last Updated On: May 16th, 2014] [Originally Added On: May 16th, 2014]
- Christie: I knew nothing about plot - Video [Last Updated On: May 21st, 2014] [Originally Added On: May 21st, 2014]
- 2 county workers take 5th - Thu, 22 May 2014 PST [Last Updated On: May 22nd, 2014] [Originally Added On: May 22nd, 2014]
- Shawn Vestal: County permit clerical mishap raises eyebrows - Fri, 23 May 2014 PST [Last Updated On: May 23rd, 2014] [Originally Added On: May 23rd, 2014]
- Spokane County workers use Fifth Amendment in back-dating case - Thu, 22 May 2014 PST [Last Updated On: May 23rd, 2014] [Originally Added On: May 23rd, 2014]
- Sexual abuse measure could lead to wrongful convictions, attorneys say [Last Updated On: September 1st, 2014] [Originally Added On: September 1st, 2014]
- 5th Amendment - Laws.com [Last Updated On: September 1st, 2014] [Originally Added On: September 1st, 2014]
- Wildstein takes the 5th - Video [Last Updated On: September 1st, 2014] [Originally Added On: September 1st, 2014]
- Teen charged with killing his mother appears in court [Last Updated On: September 1st, 2014] [Originally Added On: September 1st, 2014]
- New bill a powerful tool to imprison sex offenders [Last Updated On: September 2nd, 2014] [Originally Added On: September 2nd, 2014]
- Fifth Amendment (United States Constitution ... [Last Updated On: September 2nd, 2014] [Originally Added On: September 2nd, 2014]
- Cristin Milioti in The Good Wife - Julianna Margulies - Video [Last Updated On: September 4th, 2014] [Originally Added On: September 4th, 2014]
- Kansas Supreme Court: Grand jury violated man's Fifth Amendment rights [Last Updated On: September 6th, 2014] [Originally Added On: September 6th, 2014]
- GWB probe: Christie says he's not satisfied with unanswered questions [Last Updated On: September 9th, 2014] [Originally Added On: September 9th, 2014]
- Texas man's conviction overturned because of Fifth Amendment violation [Last Updated On: September 9th, 2014] [Originally Added On: September 9th, 2014]
- "Fifth Amendment" Defined & Explained - Law [Last Updated On: September 9th, 2014] [Originally Added On: September 9th, 2014]
- Cop Says 'You Must Be Doing Something Wrong if You Invoke Your Rights' (Video) [Last Updated On: September 12th, 2014] [Originally Added On: September 12th, 2014]
- Public be damned Litchfield latest example [Last Updated On: September 14th, 2014] [Originally Added On: September 14th, 2014]
- Volokh Conspiracy: What the posse comitatus case might mean for the future of the exclusionary rule [Last Updated On: September 15th, 2014] [Originally Added On: September 15th, 2014]
- Fifth Amendment - Video [Last Updated On: September 16th, 2014] [Originally Added On: September 16th, 2014]
- Top 5 Constitution-Related Searches at FindLaw.com [Last Updated On: September 18th, 2014] [Originally Added On: September 18th, 2014]
- The Fifth Amendment Eminent Domain - Video [Last Updated On: September 18th, 2014] [Originally Added On: September 18th, 2014]
- Apple And Google Will Force A Legal Battle Over The Privacy Of Your Passcode [Last Updated On: September 20th, 2014] [Originally Added On: September 20th, 2014]
- Civics- The Fifth Amendment (Sarah Hutchinson) - Video [Last Updated On: September 20th, 2014] [Originally Added On: September 20th, 2014]
- GOP fumes over Lerner remarks [Last Updated On: September 22nd, 2014] [Originally Added On: September 22nd, 2014]
- Google and Apple Wont Unlock Your Phone, But a Court Can Make You Do It [Last Updated On: September 22nd, 2014] [Originally Added On: September 22nd, 2014]
- Assistant to DeKalb CEO Ellis invokes 5th Amendment 30 times [Last Updated On: September 22nd, 2014] [Originally Added On: September 22nd, 2014]
- GOP fumes as Lois Lerner talks to press but snubs Congress [Last Updated On: September 24th, 2014] [Originally Added On: September 24th, 2014]
- Cry us a river, Lois Lerner [Last Updated On: September 24th, 2014] [Originally Added On: September 24th, 2014]
- Can You Go to Jail for Refusing to Testify? [Last Updated On: September 25th, 2014] [Originally Added On: September 25th, 2014]
- Fifth Amendment Projectb - Video [Last Updated On: September 25th, 2014] [Originally Added On: September 25th, 2014]
- The Commander Cody Band - Take The Fifth Amendment - 8/5/1977 - Convention Hall (Official) - Video [Last Updated On: September 27th, 2014] [Originally Added On: September 27th, 2014]
- Joey Gallo Takes The Fifth Amendment - Video [Last Updated On: September 30th, 2014] [Originally Added On: September 30th, 2014]
- Batavia High School teacher John Dryden retires [Last Updated On: October 4th, 2014] [Originally Added On: October 4th, 2014]
- Batavia High School teacher John Dryden retires from school district [Last Updated On: October 4th, 2014] [Originally Added On: October 4th, 2014]
- The Fifth Amendment Please Don't Leave Me Now - Video [Last Updated On: October 5th, 2014] [Originally Added On: October 5th, 2014]
- Man Denied Fifth Amendment While In Court Wearing Anti-Police Shirt, Still Won His Case (Video) [Last Updated On: October 6th, 2014] [Originally Added On: October 6th, 2014]
- Batavia teacher previously involved in Fifth Amendment dispute retires [Last Updated On: October 7th, 2014] [Originally Added On: October 7th, 2014]
- INFORMUCATE: THE FIFTH AMENDMENT - Video [Last Updated On: October 8th, 2014] [Originally Added On: October 8th, 2014]
- Fairholme Funds Appeals Fannie Mae and Freddie Mac Verdict [Last Updated On: October 11th, 2014] [Originally Added On: October 11th, 2014]
- Fresno Police Officer violated fifth amendment at a dui checkpoint. part 2 - Video [Last Updated On: October 11th, 2014] [Originally Added On: October 11th, 2014]
- Fresno Police Officer violated fifth amendment at a dui checkpoint. - Video [Last Updated On: October 11th, 2014] [Originally Added On: October 11th, 2014]
- Code cases: Police want phone access, but some pass [Last Updated On: October 12th, 2014] [Originally Added On: October 12th, 2014]
- All About - Fifth Amendment to the United States Constitution - Video [Last Updated On: October 16th, 2014] [Originally Added On: October 16th, 2014]
- Property Rights | Century Law Group - Video [Last Updated On: October 21st, 2014] [Originally Added On: October 21st, 2014]
- Scott and Crist have heated and personal final debate before November election [Last Updated On: October 22nd, 2014] [Originally Added On: October 22nd, 2014]
- Agents questioned, Askar takes the Fifth in Trombetta hearing [Last Updated On: October 22nd, 2014] [Originally Added On: October 22nd, 2014]
- Detective dodges questions about allegations made during rape investigation [Last Updated On: October 25th, 2014] [Originally Added On: October 25th, 2014]
- Disciplinary hearing for SB officer moved to later date - Video [Last Updated On: October 26th, 2014] [Originally Added On: October 26th, 2014]
- Court rules: Touch ID is not protected by the Fifth Amendment but Passcodes are [Last Updated On: October 31st, 2014] [Originally Added On: October 31st, 2014]
- Virginia Court: LEOs Can Force You To Provide Fingerprint To Unlock Your Phone [Last Updated On: November 1st, 2014] [Originally Added On: November 1st, 2014]
- Virginia judge: Police can demand a suspect unlock a phone with a fingerprint [Last Updated On: November 1st, 2014] [Originally Added On: November 1st, 2014]
- Judge Rules Suspect Can Be Required To Unlock Phone With Fingerprint [Last Updated On: November 1st, 2014] [Originally Added On: November 1st, 2014]
- Your Fingerprints Belong To Us: Iphone Users Forfeit 5th Amendment 1 - Video [Last Updated On: November 1st, 2014] [Originally Added On: November 1st, 2014]
- Civil Rights and Civil Liberties - Fifth Amendment - Shh! The Right to Remain Silent - Video [Last Updated On: November 1st, 2014] [Originally Added On: November 1st, 2014]
- All Your Fingerprints Are Belong To Us: iPhone Users Forfeit Fifth Amendment - Video [Last Updated On: November 2nd, 2014] [Originally Added On: November 2nd, 2014]