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View Full Version : Bill shaking up grand jury process proposed in Congress




Suzanimal
12-15-2014, 01:15 PM
Proposed legislation aimed at changing the grand jury process for indicting police officers accused of using fatal, excessive force has been put forward by a member of the Congressional Black Caucus.

The Grand Jury Reform Act, introduced on Thursday by Rep. Hank Johnson, D-Ga., would require that special prosecutors conduct the probable cause hearings in such cases. These hearings would take place before a judge and be open to the public.

The legislation comes in response to two recent high-profile grand jury decisions that have focused a spotlight on how the criminal justice system treats police officers accused of abuse. Over the past month, grand juries in both St. Louis County, Missouri, and New York City have decided not to indict white police officers that killed unarmed black men. In both cases, the prosecutor in charge of seeking an indictment has been accused of unduly favoring the police.

Johnson cited those two cases as the impetus for proposing his bill during a Friday conference call with the activist group Progressive Change Campaign Committee (PCCC).

After those two grand jury decisions, "I think many people understand that the nation's grand jury system is fundamentally broken," said Johnson.

Some of the activist groups protesting those grand jury decisions have demanded that special prosecutors handle cases of alleged police misconduct because county prosecutors tend to have close relationships with local law enforcement.

“The protesters demand an end to what is perceived as unequal justice, and that those who are responsible for the use of excessive force be brought to justice,” said Johnson in a statement. “They do not trust a secret grand jury system that is so clearly broken. My bill will help restore that trust. No longer will communities have to rely on the secret and biased grand jury process.”

Johnson unveiled his bill on the same day that black congressional staffers staged a walkout in protest of recent police killings of unarmed African-Americans.

...

In addition to altering the grand jury system, Johnson has proposed legislation that would end the controversial "1033" program that allows local law enforcement to receive arms from the United States military.

He has also suggested that it should be a federal crime for police officers to commit first degree murder, second degree murder, or manslaughter. Putting these crimes within federal jurisdiction would give the Justice Department more leeway to investigate allegations of police wrongdoing.

Johnson's proposals might not have much hope in the next session of Congress, when Republicans will control both the House and the Senate. During the PCCC call, Johnson conceded that Democrats "have not been as weak legislatively as we are now in about 100 years, maybe 90 years or so." Nonetheless, he promised to keep lobbying for his proposed reforms.

"I'm going to educate my colleagues on these issues and hold briefings and hearings when I can," he said. "I'm going to continue to fight for these bills."

http://america.aljazeera.com/articles/2014/12/12/congressman-proposesalteringgrandjuryprocess.html

fisharmor
12-15-2014, 01:50 PM
The original grand juries in the United States were responding to prosecutions that were brought by private individuals. This was consistent with the common law idea that law serves the purpose of governing behaviors between individuals, and that crimes are committed by one person against another person. Moreover, when a legal infraction of one person against another is determined to have happened, no further group punishment of the aggressor can have any restorative effect on the victim. If a crime has been committed by one person against another, then the only brand of justice that makes sense is for the aggressor to try to restore health or wealth to the victim.

The problem is that the United States from day 1 has been a country where everyone accepts that statute law is valid. Once you accept that, you're forced into a situation where law does not govern behavior between people, but instead governs people's behavior in all cases everywhere. You're also forced to accept that, regardless of what the accused actually did, the primary injured party in any crime is the state. The victim isn't a person in our legal system: the victim is an extension of the state. We are tax cattle, and the primary problem with "crime" is that the state has decreed that its tax cattle are generally not to be harmed.

So here we are. A man can tie a woman up in his basement and slowly remove her skin over the course of a week, keeping her alive the whole time, and if he's caught, the dog-and-pony-show to follow will assume from the onset that the woman who was flayed alive was nothing more than a prop. And the man who did it will likely be sentenced to a punishment identical to that he would get if he got caught with a vial full of LSD. The state has declared that both crimes are equivalent in their horribleness.

So when you hear people talk about grand juries and they just sort of gloss over the fact that there is a paid bureaucrat in charge of the whole proceeding, where there was once a private citizen, everyone really should recognize not only that the Congressional Black Caucus is smoking crack if they think their suggestions would make any meaningful difference if enacted, but also recognize that this is a symptom of a fundamental, irreparable problem with our legal system in general.

Grand Juries will only work if one examines their original purpose. And their original purpose - that of private citizens attempting to bring felony indictments - is quite off the table. It's been a long, long time since that happened, and nobody who thinks this grand jury thing is a problem is even going to know that's the way it's designed. Not one is going to go read the Wikipedia page and put 2 and 2 together.

Occam's Banana
12-15-2014, 02:00 PM
Some of the activist groups protesting those grand jury decisions have demanded that special prosecutors handle cases of alleged police misconduct because county prosecutors tend to have close relationships with local law enforcement.

What makes anyone think that these so-called "special" prosecutors would be any different? Either these "special" prosecutors would be elected (in which case they would be subject to exactly the same "police lobby" special interests as "regular" prosecutors already are) or they would be political appointees beholden to the interests of the political class that appointed them (in which case, "same difference").


He has also suggested that it should be a federal crime for police officers to commit first degree murder, second degree murder, or manslaughter. Putting these crimes within federal jurisdiction would give the Justice Department more leeway to investigate allegations of police wrongdoing.

Oh, goody. More centralized "top down" bullshit ... as if we don't have enough of that already ... :rolleyes:

The solution to these problems is NOT more State bureaucrats & bureaucracy, dammit!

Why? Because ...

http://i.imgur.com/7yrJNOx.png