The Grand Jury: Justice or Injustice?

Have ever heard of The Grand Jury System? It is a unique judicial system of U.S. However, recent issues like the Ferguson incident brought serious questions on its justice. One of our members wrote it and shared his idea. Feel free to express your opinions through the comments!

The Grand Jury: Justice or Injustice?

Sulki Jeong

Pusan National University

Law and Global Studies

             In general, court needs indictment to take the case and make the decision. The United States (US) is no exception. These days, with regard to the matter of the Ferguson incident, the grand juries consisting of local citizens made the decision not to indict the police man to the court.

             The grand jury system is originated from Magna Carta in Britain history. Its purpose used to be maintaining the check and balance against the king, allowing citizens to participate in court hearing. Now it is abolished in Britain and the US is the only state that retains this system. Some of the states, however, do not have it. Ferguson, the city belonging to the state of Missouri, is applicable with grand juries system.

             In the process of grand juries system, there is no judge or lawyer. Only a prosecutor, juries and witnesses present. Juries will hear the facts of an incident from witnesses and legal explanations from the prosecutor. The decision-making process will be done based on supermajority, and the number of requirement for indictment is different depending on the jurisdiction of each state.

             The original purpose was to protect the citizens from the super power like king. Some criticize, however, that the prosecutor has shifted the Ferguson case to the grand juries in order to avoid the public criticism for their incompetence. Their argument is that the prosecutor should be competent enough to indict the police man and prove his guilt. Some stand by the prosecutor, saying he has shown the best efforts he can. The fundamental principle of criminal case is that defendant is innocent when it is beyond a reasonable doubt.

             So, what do you think? The grand jury system applied to the case of Ferguson, is this buck-passing or the best efforts that prosecutor could make?