Legal Experts Explain Why The Ferguson Grand Jury Was Set Up For Failure

[branford]

24. That's not entirely true.

First, all grand juries are confidential. They are a common practice with a long history, recognized in our Constitution, and hardly constitute "Star Chambers." Apparently, the transcripts of the relevant proceeding have also been released for
public's review. All jury deliberation, grand and trial, are also never public affairs.

More importantly, although a grand jury is suppose to only determine if there is probable cause, they can do whatever they wish without legal repercussion.

Similar to jury nullification at trial, which many on DU strongly support, it certainly is controversial, but no billing even if the grand jurors believe probable cause exists, may still happen.

In any event, I have no idea what was going through the minds of any of the grand jurors. I believe that we still don't (and might never) even know the grand jury's final vote (it only required 9 of the 12 to indict).

Also note that a prosecutor is under no legal obligation to limit their grand jury presentation to only inculpatory witnesses or even recommend an indictment.