New Law Eiliminates Grand Jury
In the vast majority of cases, when a person commits a felony, evidence is heard by a grand jury. It is the grand jury who ultimately decides if the case will proceed to court. As of last Tuesday, police shootings and uses of excessive force will no longer be heard by grand juries in California.
Governor Jerry Brown signed a bill into law that prohibits grand juries from hearing cases of alleged police brutality, excessive force, or fatal shootings. It is the first such law in the nation, and other states are expected to follow suit.
The reason for the new law is the shroud of secrecy that surrounds grand jury proceedings. It is hopeful that the new law raises accountability for police officers and prosecutors alike. Justice advocates have strongly supported the bill and are celebrating its passage.
California State Senator Holly Mitchell, D-Los Angeles, penned the bill following the deaths of Michael Brown and Eric Garner. In both of these cases, grand juries refused to indict the officers accused of using excessive force in the deaths of both men. It was discovered that each of the men killed were unarmed at the time of their shootings. National protests were sparked by the lack of indictments, making world news.
Advocates are concerned about what appears to be a recent outbreak of police brutality and racial profiling. They are also concerned that the majority of the public supports police officers, prejudicing them in such cases. This automatic support of law enforcement may be blinding grand juries to the true facts of the cases.
A statement released by Mitchell said, in part, “Criminal grand jury proceedings differ from traditional trials in a variety of ways: They are not adversarial. No judges or defense attorneys participate. There are no cross-examination of witnesses, and there are no objections.” The statement went on to read, “And the proceedings are shrouded in secrecy.”
Law enforcement officials and prosecuting attorneys are opposed to the new law. In their eyes, the grand jury is useful to ensure that weaker cases are weeded out.
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Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.