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A question. If the GJ is deadlocked or close to it do they revote? If they have significant disagreements does the DA respond to those questions? How long do they have once the DA presents his case to render a decision and is that decision final or can it be amended by the judge?
Ok... more than one question.
On more than one occasion we were unable to come to agreement based on what we had heard. That was sometimes because the legal issues were unclear or because we had more questions for the witness. On those occasions the DA, possibly the witness if needed and the court recorder came back in so that everything would be on the record. That said, we always managed to get to a decision in the end on every matter that came before us even if it was not always unanimous.
To bring a True Bill, a quorum of the GJ had to vote for it. Anything else and it was a No Bill. I think that we did have one matter come back to us but I cannot remember the circumstances. It may have been referred back by a judge. I don't think that the DA has that power.
I'm not sure this is possible. Don't quote me, but I'm pretty sure with a Grand Jury, a simple majority one way or the other is all that's needed. It doesn't have to be unanimous like with a trial jury, and a grand jury is made up of a lot more jurors than a 12 man trial jury.
Grand Jury I was on had a quorum of 9 jurors and to get a True Bill you needed at least 9 in favor of it. So you would need both a majority and a quorum. Because a GJ tends to sit for quite a long time (ours was 4 months, one day a week) it loses jurors for various reasons during the course. We generally had 14 or 15 jurors but sometimes as few as 11 if some couldn't make it and were excused. So, for example, a majority of 8 to 7 would not have been sufficient to bring a True Bill because it didn't meet the quorum.
That's the point. What happened at the car would end the case if Brown was alive and charged with assault, resisting arrest. But he's dead, not from shots at the car, so what happened post-car makes a difference.
Not really. All this talk you hear about having to "justify each and every shot" is nonsense. It might sound good in theory, but in a real world situation, once you start, you shoot until the threat is stopped, period.
IMO, the forensic evidence should have ended the case. It puts Brown in the car at extremely close proximity to the officer and his firearm, and backs up Wilson's story of what happened.
I didn't have an opinion one way or the other before the forensic evidence came out, but now it seems pretty clear cut to me. All that rioting and tearing up the community..... all for not, in honor of a thug.
Not really. All this talk you hear about having to "justify each and every shot" is nonsense. It might sound good in theory, but in a real world situation, once you start, you shoot until the threat is stopped, period.
IMO, the forensic evidence should have ended the case. It puts Brown in the car at extremely close proximity to the officer and his firearm, and backs up Wilson's story of what happened.
I didn't have an opinion one way or the other before the forensic evidence came out, but now it seems pretty clear cut to me. All that rioting and tearing up the community..... all for not, in honor of a thug.
Lots of common sense in this post. One must assume the worst in this situation (and others). Bears give false charges and it's hard to know the difference some times. If a man tries to get your gun one can assume it's you or it's him.
I made up my mind a long time ago if someone threatened me or my kids with violence I would put them down and not hold back until it was done. I also made up my mind that I could live with the consequences. Thank fully it never came to pass.
Lots of common sense in this post. One must assume the worst in this situation (and others). Bears give false charges and it's hard to know the difference some times. If a man tries to get your gun one can assume it's you or it's him.
I made up my mind a long time ago if someone threatened me or my kids with violence I would put them down and not hold back until it was done. I also made up my mind that I could live with the consequences. Thank fully it never came to pass.
Hopefuly you never have to do anything like that but always remember that if you do, you tell the police that you shot until the threat was stopped, not killed. The miles of difference in those two terms can determine where you'll be spending the next twenty years or so......
I can't remember if it was in my CCW class or somewhere else but I heard the story of a man who had to use his firearm in self-defense. He shot his attacker 5 times. When the police asked why he fired five times, he told them "because four wasn't enough and six would've been too many"
I fully expect more civil unrest, in the event Officer Wilson is acquitted / exonerated. If that happens, I'd like to see a 1950's type of police response in that it would send a clear message that savage bestial behavior will not be tolerated.
No more burning, looting and robbing when their meritless sense of entitlement is not indulged with their demands met and handed to them on a silver platter.
Staging a peaceful protest is one thing. Acting like savage animals is quite another...
I fully expect more civil unrest, in the event Officer Wilson is acquitted / exonerated. If that happens, I'd like to see a 1950's type of police response in that it would send a clear message that savage bestial behavior will not be tolerated.
No more burning, looting and robbing when their meritless sense of entitlement is not indulged with their demands met and handed to them on a silver platter.
Staging a peaceful protest is one thing. Acting like savage animals is quite another...
I agree however the leadership of the black community needs to deal with this and show that it won't be tolerated. I don't think that they can do that given the level of dysfunction we have seen thus far.
Not really. All this talk you hear about having to "justify each and every shot" is nonsense. It might sound good in theory, but in a real world situation, once you start, you shoot until the threat is stopped, period.
IMO, the forensic evidence should have ended the case. It puts Brown in the car at extremely close proximity to the officer and his firearm, and backs up Wilson's story of what happened.
I didn't have an opinion one way or the other before the forensic evidence came out, but now it seems pretty clear cut to me. All that rioting and tearing up the community..... all for not, in honor of a thug.
Maybe I'm dividing the entire incident into too many parts.
The law posted on this thread states that deadly force by Wilson was justified if he reasonably believed that such use of deadly force was immediately necessary to effect the arrest.
I'm looking at what happened after Brown ran as important to the gj deciding whether deadly force was immediately necessary. If I had that law to go by, I'd want a lot more info about post-car. Then again, if others feel that Brown's attack at the car is more than enough to give Wilson reasonable belief deadly force was necessary, I follow that reasoning.
Hopefuly you never have to do anything like that but always remember that if you do, you tell the police that you shot until the threat was stopped, not killed. The miles of difference in those two terms can determine where you'll be spending the next twenty years or so......
I can't remember if it was in my CCW class or somewhere else but I heard the story of a man who had to use his firearm in self-defense. He shot his attacker 5 times. When the police asked why he fired five times, he told them "because four wasn't enough and six would've been too many"
Thanks.
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