The
Grand Jury: Justice or Injustice?
Sulki Jeong
Pusan National University
Law and Global Studies
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?