On grand juries

Some folks are trying to change the makeup of grand juries in Harris County.

HarrisCounty

It was a largely black crowd with at least a third of the audience made up of white people and a few anarchists sprinkled in. They were there to share ideas, sign some petitions, and to vent about injustice in the Mike Brown and Eric Garner deaths.

Inside the packed El Dorado Ballroom in the Third Ward, the shirt on a lonely hipster said it best: Murder Beats Not People.

A group called the Houston Justice Coalition, made up largely of students from nearby Texas Southern University, organized the outing. They shared their platform, which calls for Houston to implement police body cameras (something already working its way through city council) and for raising awareness about grand juries.

“I’ve served four times, twice as a foreman,” Third Ward Councilman Dwight Boykins said. It’s a hard sell, but everyone was encouraged to help diversify grand juries, which are commonly racially and economically lopsided and are easily swayed by prosecutors. “You have to commit not only to the $28 per day two times a week, but three months out of the year. And some people don’t like to do that,” Boykins said.

The event was advertised on social media as an organizing call for millennials, the target audience for all the #CrimingWhileWhite and #AliveWhileBlack responses on Twitter. It’s an age group that’s historically been the foundation of rights movements. This might all be a test to see if today’s young activists can keep the energy going.

It’s a start. Changing the grand jury system here from the current “pick a pal” method, which is a big driver of the non-diversity of grand juries, to a random selection like what is used for regular juries, would also make a difference. Sen. John Whitmire has filed a bill to require just that for Harris County, but a better question might be why do we have grand juries at all?

The concept [of grand juries] comes from our colonial parent, England. “It goes back centuries here,” explains London-based legal writer Joshua Rozenberg. “In medieval times, it was drawn from the local neighborhood. And these were men who were expected to look around and report criminal behavior within the community. They’re people who actually knew the offenders, as we’d call them today, and could perhaps bring them to justice.”

By the 16th century, that morphed into the system we’d now recognize as a grand jury: A group of people listening to a prosecutor’s evidence and deciding whether to indict.

But the United Kingdom actually abolished its grand jury system in 1933. “We now send cases that are serious enough straight to jury trial,” Rozenberg says. That way, both sides are able to present evidence and make their arguments, which is definitely not the case with a grand jury.

In fact, the UK exported grand juries to most of their former colonies — Canada, Australia, New Zealand — and virtually all of them have stopped using them.

“They are said to be ‘putty in the hands of the prosecutor.’ In other words, the prosecutor really tells them what he or she wants and they will go along with it,” he says. “Or that’s what we are told, because we don’t really know. We can’t watch grand juries at work.”

That’s why former New York judge Sol Wachtler once famously said that a district attorney could get a grand jury to “indict a ham sandwich.” But, Rozenberg points out, “it must be even easier to get the sandwich acquitted if that is what the district attorney may actually want.”

Link via Grits. Why shouldn’t we make District Attorneys be the ones that are accountable for these decisions? I’d be interested to hear from the attorneys out there what the down side to this might be.

Related Posts:

This entry was posted in Crime and Punishment and tagged , , , , , , , . Bookmark the permalink.