Check out topic: H5N1: Truth Over Fearporn
Ferguson - what to know about the grand jury
Nov 23, 2014 09:25:16 #
FTA
What to know about the grand jury in Ferguson case
By The Associated Press November 17, 2014
ST. LOUIS (AP) A Missouri grand jury has been hearing evidence for months as it weighs whether to indict Ferguson police officer Darren Wilson in the Aug. 9 fatal shooting of Michael Brown, which was followed by sometimes violent protests. Some answers to common questions about the grand jury:
Q: What is the grand jury deciding?
A: The grand jury is considering whether there is enough evidence to charge someone with a crime and, if so, what that charge should be. If the jury issues an indictment, a separate jury will be selected to decide whether the person is guilty.
Q: When will they make a decision?
A: There is no specific date for a decision to be revealed. St. Louis County Prosecuting Attorney Bob McCulloch has said he expects grand jurors to reach a decision in mid- to late November on whether to indict Wilson. But that timing ultimately is up to the grand jury.
Q: How many people are on the grand jury and how are they selected?
A: A grand jury is composed of 12 people selected at random from a fair cross-section of the citizens, according to Missouri law. The grand jury in the Brown case is 75 percent white: six white men, three white women, two black women and one black man. St. Louis County overall is 70 percent white, but about two-thirds of Fergusons residents are black. Brown was black. The officer is white.
Q: Is the grand jury appointed for a specific case?
A: No. Its appointed for a four-month term. The current grand jurys term was due to expire Sept. 10. That same day, county Judge Carolyn Whittington extended the term to Jan. 7 the longest extension allowable by state law. The investigation was always expected to go longer than the typical grand jury term.
Q: How often do grand jurors meet?
A: As their schedules allow. For example, they might meet once a week.
Q: Who is inside the grand jury room?
A: The jury, a prosecutor and a witness. Grand jury proceedings are closed to the public.
Q: What happens when the grand jury convenes?
A: Prosecutors present evidence and summon witnesses to testify. A grand jury is a powerful tool for investigating crimes because witnesses must testify unless they invoke the 5th Amendment of the U.S. Constitution, which protects against self-incrimination.
Typically, grand jurors hear a condensed version of the evidence that might be presented at a trial, since they are determining only whether probable cause exists to indict someone, not whether that person is guilty. In the Ferguson case, grand jurors are receiving more extensive evidence and testimony.
Q: Who has testified to the grand jury?
A: Wilson testified in his own defense. Other witnesses and forensic experts have also testified, including Dr. Michael Baden, who performed a private autopsy on Brown on behalf of his family.
Q: What charges does Missouri allow in homicide cases?
A: At the lower end is second-degree involuntary manslaughter, which is defined as acting with criminal negligence to cause a death. It is punishable by up to four years in prison.
First-degree involuntary manslaughter, defined as recklessly causing a death, is punishable by up to seven years in prison. Voluntary manslaughter, defined as causing a death under the influence of sudden passion arising from adequate cause, is punishable by five to 15 years in prison. Second-degree murder is defined as knowingly causing a death, or acting with the purpose of causing serious physical injury that ends up resulting in death. It is punishable by life in prison or a range of 10 to 30 years.
The most serious charge, first-degree murder, can be used only when someone knowingly causes a death after deliberation and is punishable by either life in prison or lethal injection.
Q: Do charges require a unanimous vote?
A: No. Consent from nine jurors is enough to file a charge in Missouri. The jury could also choose not to file any charges.
Q: Can jurors speak to the public?
A: No. Disclosing evidence, the name of a witness or an indictment can lead to a misdemeanor charge.
Q: What will be publicly disclosed when grand jurors reach a decision?
A: If Wilson is charged, the indictment will be made public, but the evidence will be kept secret for use at a trial. If Wilson is not indicted, McCulloch has said he will release transcripts and audio recordings of the grand jury investigation.
Q: What preparations are being made?
A: Missouri Gov. Jay Nixon declared a state of emergency Monday and activated the National Guard. The governor said the Guard would assist state and local police as needed, in case there is civil unrest when the grand jurys decision is announced.
Schools expect advance notice of an announcement to help ensure students can get home before any major disruptions from protests. Police have undergone training pertaining to protesters constitutional rights and have purchased more equipment, such as shields, helmets, smoke canisters and rubber bullets.
What to know about the grand jury in Ferguson case
By The Associated Press November 17, 2014
ST. LOUIS (AP) A Missouri grand jury has been hearing evidence for months as it weighs whether to indict Ferguson police officer Darren Wilson in the Aug. 9 fatal shooting of Michael Brown, which was followed by sometimes violent protests. Some answers to common questions about the grand jury:
Q: What is the grand jury deciding?
A: The grand jury is considering whether there is enough evidence to charge someone with a crime and, if so, what that charge should be. If the jury issues an indictment, a separate jury will be selected to decide whether the person is guilty.
Q: When will they make a decision?
A: There is no specific date for a decision to be revealed. St. Louis County Prosecuting Attorney Bob McCulloch has said he expects grand jurors to reach a decision in mid- to late November on whether to indict Wilson. But that timing ultimately is up to the grand jury.
Q: How many people are on the grand jury and how are they selected?
A: A grand jury is composed of 12 people selected at random from a fair cross-section of the citizens, according to Missouri law. The grand jury in the Brown case is 75 percent white: six white men, three white women, two black women and one black man. St. Louis County overall is 70 percent white, but about two-thirds of Fergusons residents are black. Brown was black. The officer is white.
Q: Is the grand jury appointed for a specific case?
A: No. Its appointed for a four-month term. The current grand jurys term was due to expire Sept. 10. That same day, county Judge Carolyn Whittington extended the term to Jan. 7 the longest extension allowable by state law. The investigation was always expected to go longer than the typical grand jury term.
Q: How often do grand jurors meet?
A: As their schedules allow. For example, they might meet once a week.
Q: Who is inside the grand jury room?
A: The jury, a prosecutor and a witness. Grand jury proceedings are closed to the public.
Q: What happens when the grand jury convenes?
A: Prosecutors present evidence and summon witnesses to testify. A grand jury is a powerful tool for investigating crimes because witnesses must testify unless they invoke the 5th Amendment of the U.S. Constitution, which protects against self-incrimination.
Typically, grand jurors hear a condensed version of the evidence that might be presented at a trial, since they are determining only whether probable cause exists to indict someone, not whether that person is guilty. In the Ferguson case, grand jurors are receiving more extensive evidence and testimony.
Q: Who has testified to the grand jury?
A: Wilson testified in his own defense. Other witnesses and forensic experts have also testified, including Dr. Michael Baden, who performed a private autopsy on Brown on behalf of his family.
Q: What charges does Missouri allow in homicide cases?
A: At the lower end is second-degree involuntary manslaughter, which is defined as acting with criminal negligence to cause a death. It is punishable by up to four years in prison.
First-degree involuntary manslaughter, defined as recklessly causing a death, is punishable by up to seven years in prison. Voluntary manslaughter, defined as causing a death under the influence of sudden passion arising from adequate cause, is punishable by five to 15 years in prison. Second-degree murder is defined as knowingly causing a death, or acting with the purpose of causing serious physical injury that ends up resulting in death. It is punishable by life in prison or a range of 10 to 30 years.
The most serious charge, first-degree murder, can be used only when someone knowingly causes a death after deliberation and is punishable by either life in prison or lethal injection.
Q: Do charges require a unanimous vote?
A: No. Consent from nine jurors is enough to file a charge in Missouri. The jury could also choose not to file any charges.
Q: Can jurors speak to the public?
A: No. Disclosing evidence, the name of a witness or an indictment can lead to a misdemeanor charge.
Q: What will be publicly disclosed when grand jurors reach a decision?
A: If Wilson is charged, the indictment will be made public, but the evidence will be kept secret for use at a trial. If Wilson is not indicted, McCulloch has said he will release transcripts and audio recordings of the grand jury investigation.
Q: What preparations are being made?
A: Missouri Gov. Jay Nixon declared a state of emergency Monday and activated the National Guard. The governor said the Guard would assist state and local police as needed, in case there is civil unrest when the grand jurys decision is announced.
Schools expect advance notice of an announcement to help ensure students can get home before any major disruptions from protests. Police have undergone training pertaining to protesters constitutional rights and have purchased more equipment, such as shields, helmets, smoke canisters and rubber bullets.
Nov 23, 2014 09:42:55 #
Tasine wrote:
FTA br br What to know about the grand jury in Fe... (show quote)
This was a very thorough report of the Grand Jury, thank you for sharing, as each State has their own process. Great read thank you for sharing.
Nov 23, 2014 10:11:41 #
dslagowski wrote:
This was a very thorough report of the Grand Jury, thank you for sharing, as each State has their own process. Great read thank you for sharing.
Thank you! And welcome to 1PP where up is down, good is bad, funny is sad, tall is short, fat is skinny. Hope you have a nice stay - don't let the intimidators get to you - they'll surely TRY.
Nov 23, 2014 10:37:57 #
Tasine wrote:
FTA br br What to know about the grand jury in Fe... (show quote)
Very well Posted :thumbup: :thumbup: :thumbup: :thumbup:
Nov 23, 2014 10:43:04 #
Tasine wrote:
Thank you! And welcome to 1PP where up is down, good is bad, funny is sad, tall is short, fat is skinny. Hope you have a nice stay - don't let the intimidators get to you - they'll surely TRY.
Thank you for the report on the grand jury very informative.
Nov 23, 2014 13:54:14 #
Thorgo
Loc: New Jersey
Q: Will the video of Michael Brown robbing a convenience store and assaulting the store owner be admissible in the trial of his death?
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