Governor Jerry Brown Signs New Law Eliminating Secret Grand Juries For Police Shootings

[lame54]

http://www.itakelibertywithmycoffee.com/2015/08/seeking-justice-gov-brown-signs-new-law-eliminating-secret-grand-juries-for-police-shootings-in-california/

SAN JOSE, Calif. — A year after a #grand jury declined to prosecute a Ferguson, Mo., policeman for the death of an unarmed black man whom he claimed attacked him, Gov. Jerry Brown signed legislation Tuesday making #California the first state in the nation to ban the use of a grand jury in officer-involved incidents that result in the death of suspects.
The ban, which will go into effect Jan. 1, comes after panels in Ferguson and Staten Island, N.Y., made controversial decisions in secret hearings not to bring charges against officers who killed unarmed black men, sparking protests across the country. Calls for transparency also have come amid national concerns about disparate treatment of blacks and other racial minorities when encounters with cops turned deadly in Baltimore, Cincinnati and South Carolina...

[LiberalAndProud]

1. That's a step in the right direction.

Is this a battle that needs to be taken to the state level then? It seems that real change usually begins in the states, rather than at the federal level.

[ShrimpPoboy]

2. Not so sure about that

It seems to me that it takes the Feds to drag the states forward when necessary. E.g., 1960's civil rights movement. I can't think of many times it happened the other way around.

You could make a case that it was the states leading the way in marriage equality but even on that issue we would be waiting another generation in the south to see it if SCOTUS hadn't stepped up.

[LiberalAndProud]

3. I agree with you, as it was the Federal courts who decided the matter ultimately.

I just remember that all the "defense of marriage' amendments took place at the state level. For all the good that did the haters. If the goal is awareness raising, mission accomplished, I think. Still the question is what is to be done? We've been aware the Ferguson has a problem. Here we are a year later and ... no change?!??! Leaves us all feeling helpless and hopeless, doesn't it?

[ShrimpPoboy]

7. I don't have the answer

And this may actually be a problem that can only be effectively addressed by states since local law enforcement and prosecution of local crimes is usually none of the feds' business. When there's a systemic civil rights probkem within a particular jurisdiction the Feds will step in but that doesn't seem to happen often and I question how much good it would do for this issue.

Ultimately though I don't know if laws or policies can ever fix it regardless of where the law is passed. We've got to fix our hearts for that.

[LWolf]

5. It seems like

things begin to move in some states before the feds step in and drag the rest forward, but the only way to achieve forward movement for all is for the feds to act.

Would the feds do so if things weren't happening in some states? I don't know.

[ShrimpPoboy]

6. That's what we saw

with marriage equality for sure. Some states led the charge; others pushed backwards until the court got it right. (My first time voting was actually a vote against a state constitutional ban on same sex marriage and civil unions. My side lost.)

[davidn3600]

8. The federal level especially can't get rid of grand juries

The federal government itself is forced by the 5th amendment to pursue a grand jury indictment for all serious crimes (felonies).


No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
-5th Amendment
United States Constitution

Courts have not really forced states to use grand juries. Many states have reduced the authority of grand juries over the years. But for the Feds to get rid of them, it would require a constitutional amendment. The fifth amendment is quite clear that at least for federal crimes, you must have a grand jury indictment to proceed.

[hifiguy]

4. This is something constructive.

Good for Governor Brown.

I remember supporting him in the 1976 Democratic primaries. I am getting old.

[Initech]

9. Excellent!

Can we ban the Scary Angry White Ammosexual Blackwater Wannabe Cartels from appearing while we are at it?