State Laws on Grand Juries: A Deadly Divergence

Jury Decisions in Ferguson and Staten Island Highlight Discrepancies

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In the aftermath of the highly publicized grand jury decisions involving the deaths of Michael Brown in Ferguson, Missouri, and Eric Garner in Staten Island, New York, questions have arisen about the role and function of grand juries in different states. While the Missouri grand jury declined to indict the police officer involved in Brown's shooting, the Staten Island grand jury indicted the officer involved in Garner's death. This divergence has raised concerns about the fairness and consistency of the grand jury process.

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One key distinction between state laws on grand juries is whether they require jurors to determine if there is "probable cause" to indict someone before an indictment can be issued. In Missouri, where the grand jury that investigated Brown's death did not indict the officer, probable cause is not a requirement. However, in New York, where the grand jury that investigated Garner's death did indict the officer, probable cause is required.

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This difference in state laws has created a situation where a police officer's actions could be deemed criminal in one state but not in another, solely based on the requirement of probable cause. This inconsistency raises questions about the impartiality of the grand jury process and the possibility of racial bias influencing decisions.