No more grand juries: Coercive 13th Century Relics, They Serve the Political Interests of DAs, not Justice

By Dave Lindorff

In case people didn't get it earlier, it's time to recognize that the ancient institution of the grand jury has outlived its usefulness, and should be eliminated, as its only real purpose today is to give prosecutors political cover and an added cudgel with which to intimidate witnesses.

Originally established back 1215 as part of the Magna Carta in England, the intent was to put some constraint on the ability of the king to prosecute opponents. In modern times, its use has been reduced, and in fact, throughout the world in countries where the justice system is based upon British Common Law, it has been eliminated -- with the notable exception of the United States.

We should be asking why the US, where justice and the rule of law have been so exceptionally corrupted, perverted and and subverted in recent decades, with the virtual elimination of trial by jury in criminal cases, the undermining of habeas corpus, and the ubiquity of excessive bail, not to mention wide-spread racism in all phases of the legal process, from arrest and arraignment to jury selection and sentencing, is the US the lone major country still holding on to grand juries. (Hint: It can't be for anything good.)

What we have seen in Ferguson, MO in the case of the grand jury "investigation" there of white Ferguson Police Office Darren Willson and his killing of the unarmed black teenager Michael Brown, and in New York City, and in the case of the grand jury "investigation" of NY Police Officer Daniel Pantaleo and his killing, by illegal choke hold, of Eric Garner, the unarmed black father of six, are two examples of a grand jury being used to provide the state, and specifically two elected district attorneys, with an excuse and political cover not to prosecute criminal police officers.

In Ferguson, an unarmed youth who was simply walking down the middle of a largely empty street, was gunned down by a police officer while he was on the ground pleading for mercy. In New York, a 43-year-old man, trying to support his family by selling cigarettes on the sidewalk was piled on by four police officers, one of whom, while the victim was being held on prone on the sidewalk, his face ground into the concrete, choked him to death with an arm hold that had long been specifically banned by the NYPD because of the number of deaths it had caused.

For the rest of this article by DAVE LINDORFF in ThisCantBeHappening!, the new independent, uncompromised, five-time Project Censored Award-winning online alternative newspaper, please go to: www.thiscantbehappening.net/node/2576

(Article changed on December 4, 2014 at 14:28)