FILE- In this Nov. 25, 2014 file photo, demonstrator Maryam Said raises her painted hands during a protest against a grand jury's decision on Monday not to indict Ferguson police officer Darren Wilson in the shooting of Michael Brown in New York. After Brown's death at the hands of a white police officer his legacy continues to evolve. (AP Photo/John Minchillo, File) The Associated Press
— The grand-jury system dates back to King Henry II of England in the 12th century. But the most widely known fact about it comes from former New York Judge Sol Wachtler, quoted by author Tom Wolfe in 1987 saying 'a grand jury would 'indict a ham sandwich,' if that's what you wanted.' His point: grand juries are tools of prosecutors.
The grand jury process has been in the news again, as Americans debate the decision by one in St. Louis County, Mo., not to indict Ferguson officer Darren Wilson in the Aug. 9 shooting death of Michael Brown. It's been one of the biggest news stories of the year.
Most of the arguments have centered on details of the incident. But the two camps' interpretation is driven by their worldviews. Brown's defenders believe the justice system has a racist tinge. Police backers are concerned about crime - and focus on Brown's misbehavior and the looting that followed the decision.
Both sides make valid arguments, but I've rarely seen such vigorous debate that misses the main point. Police officers have the legal right to use deadly force if it they face an 'objectively reasonable' fear, but that definition largely is left in the hands of police authorities. Wouldn't it be wise to publicly discuss that standard? The issue isn't mainly about racism or crime, but about proper policing and a system that seems to lack sufficient accountability.
'In my 27 years as a police officer in Boston, I have never heard of a situation in which a prosecutor failed to secure an indictment when seeking such - plainly put: It doesn't happen,' wrote criminologist Tom Nolan in a Daily Beast article this week. 'That (prosecutor Bob) McCulloch failed to obtain an indictment of Wilson means only one thing: He did not want to obtain an indictment.'
It's rare for officers to be charged in an on-duty killing. And even when charges are filed, officers are given protections other Americans are not granted. In California, the Peace Officers Bill Of Rights and union representation make it difficult for agencies to punish questionable on-duty behavior. The investigating agencies tend to be defensive of police who come under the microscope. It's far different than when an average citizen is accused of a crime.
My reaction to the Ferguson incident is jaded by my reporting on some police-accountability cases. In a 2006 Orange County jail case, where prisoners beat to death an inmate as deputies slept and watched TV in the nearby guard station, 'deputies and high-ranking officials lied, tampered with evidence, shared information about evidence and lines of questioning ...,' according to a Los Angeles Times report. It was a real eye-opener.
After Fullerton officers beat and tasered an unarmed homeless man in 2011, the police department claimed the officers suffered broken bones, even though evidence later showed that to be false. The officers were even allowed to watch a video of the incident before filing their police reports. One writer, William Grigg, says it's not about 'white privilege' but 'blue privilege.'
Entities 0 Name: Brown Count: 3 1 Name: Ferguson Count: 3 2 Name: Darren Wilson Count: 2 3 Name: Michael Brown Count: 2 4 Name: Wilson Count: 1 5 Name: Tom Nolan Count: 1 6 Name: Los Angeles Times Count: 1 7 Name: Fullerton Count: 1 8 Name: Peace Officers Bill Of Rights Count: 1 9 Name: Associated Press Count: 1 10 Name: McCulloch Count: 1 11 Name: California Count: 1 12 Name: Orange County Count: 1 13 Name: William Grigg Count: 1 14 Name: New York Judge Sol Wachtler Count: 1 15 Name: Tom Wolfe Count: 1 16 Name: Maryam Said Count: 1 17 Name: Bob Count: 1 18 Name: Henry II Count: 1 19 Name: Daily Beast Count: 1 20 Name: England Count: 1 21 Name: Boston Count: 1 22 Name: St. Louis County Count: 1 23 Name: New York Count: 1 24 Name: Mo. Count: 1 25 Name: AP Photo\/John Minchillo Count: 1 Related 0 Url: http://ift.tt/1AM67Md Title: Protesters torch police car in another tense night in Ferguson Description: Ferguson, Missouri (CNN) -- As midnight approaches, the tension here gets thicker. Everyone fears that just like Monday, things could turn violent at any moment. Outside the City Hall, crowds flip a police cruiser on its side briefly, break out its windows, then set it on fire.
