Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

TorchTheWitch

(11,065 posts)
27. the prosecutor can do whatever they like in a grand jury proceeding
Mon Dec 8, 2014, 06:11 PM
Dec 2014

Which is why we need to be shed of them. Half the states stopped using them given that they're designed to ignore the constitutional rights of the accused and they're entirely secret in favor of the adversarial preliminary hearing that reviews all the evidence, that's presided over by a judge and where the rights of the accused are preserved and all in public. As it should be.

No other country that has a common law legal system uses grand juries except the US.

As for this alleged wayward bullet... what does that have to do with probable cause? Seeing as apparently some number of bullets were fired than that which hit Brown, they obviously went somewhere. Seeing as there is no law that requires a police officer to never miss their intended target or that every one that does hit their intended target has to stay there, what does this apparent wayward bullet have to do with anything other than curiosity? There's no evidence to suggest that Wilson was just firing around all over the place willy nilly and hit Brown by accident... we already know that he aimed at and fired at Brown with the intension of hitting him, so why would any prosecutor care what happened to any wayward bullets when should any exist they don't have anything to do with probable cause nor is there any possible charge concerning missed shots for which he could be indicted for?

Are you aware that MO law concerning use of force by police is allowed in certain circumstances when a suspect is fleeing?

563.046. Law enforcement officer’s use of force in making an arrest.

1. A law enforcement officer need not retreat or desist from efforts to effect the arrest, or from efforts to prevent the escape from custody, of a person he reasonably believes to have committed an offense because of resistance or threatened resistance of the arrestee. In addition to the use of physical force authorized under other sections of this chapter, he is, subject to the provisions of subsections 2 and 3, justified in the use of such physical force as he reasonably believes is immediately necessary to effect the arrest or to prevent the escape from custody.

2. The use of any physical force in making an arrest is not justified under this section unless the arrest is lawful or the law enforcement officer reasonably believes the arrest is lawful.

3. A law enforcement officer in effecting an arrest or in preventing an escape from custody is justified in using deadly force only

(1) When such is authorized under other sections of this chapter; or

(2) When he reasonably believes that such use of deadly force is immediately necessary to effect the arrest and also reasonably believes that the person to be arrested

(a) Has committed or attempted to commit a felony; or

(b) Is attempting to escape by use of a deadly weapon; or

(c) May otherwise endanger life or inflict serious physical injury unless arrested without delay.

4. The defendant shall have the burden of injecting the issue of justification under this section.

http://lawofselfdefense.com/statute/mo-563-046-law-enforcement-officers-use-of-force-in-making-an-arrest/

Recommendations

0 members have recommended this reply (displayed in chronological order):

Kickin' Faux pas Dec 2014 #1
I posted this in GD but it's not getting traction . . . let's fight to bypass the two biased DAs brush Dec 2014 #16
The lies keep coming ... GeorgeGist Dec 2014 #2
Wilson has cashed in on this? No shit? What, book and movie deals? Flatulo Dec 2014 #9
Money from donations, not a book or movie deal yet. N/T benz380 Dec 2014 #12
2 posts? WOW! got you early ... aggiesal Dec 2014 #15
I heard he has a $1,000,000 defence fund ... aggiesal Dec 2014 #13
Well, Wilson was paid "a high six-figure fee" for an interview. Stardust Dec 2014 #14
McCluckCluck bout admitted to Lawrence that the GJ instructions were wrong uponit7771 Dec 2014 #3
K&R logosoco Dec 2014 #4
does this actually surprise anyone? niyad Dec 2014 #5
how utterly convenient. spanone Dec 2014 #6
Isn't the Fed investigation ongoing? Chico Man Dec 2014 #7
I recommend cstanleytech Dec 2014 #20
Ok... Chico Man Dec 2014 #21
Apparently 2naSalit Dec 2014 #8
Maybe the OP thought the same of us here on DU Chico Man Dec 2014 #22
Indeed 2naSalit Dec 2014 #29
I didn't see this coming at all Omaha Steve Dec 2014 #10
geez!!!! heaven05 Dec 2014 #11
"The batteries were dead" keeps ringing in my head. There have been coverups since the beginning. C Moon Dec 2014 #17
All things considered... TeeYiYi Dec 2014 #19
McCulloch assumed no one cared, no one would actually read the transcripts... Spazito Dec 2014 #18
I think the question is wrong... justiceischeap Dec 2014 #23
the prosecutor can do whatever they like in a grand jury proceeding TorchTheWitch Dec 2014 #27
I am aware of Missouri's law regarding this justiceischeap Dec 2014 #30
On the surface, this doesn't bother me. joeglow3 Dec 2014 #24
who cares when no one is reading them anyway n/t TorchTheWitch Dec 2014 #25
Obstruction of justice. gollygee Dec 2014 #26
I dont think they can release certain things critical to the federal investigation davidn3600 Dec 2014 #28
The wingnut explanation for this-- YarnAddict Dec 2014 #31
Latest Discussions»General Discussion»Ferguson grand jury docum...»Reply #27