Getting the Facts Right
The grand jury decision not to indict Darren Wilson for the shooting of Michael Brown has ignited a firestorm of commentary and disagreement. Debate is to be expected in a large and diverse society such as ours. But as an attorney and a law professor, I am particularly troubled to see so many people relying on incorrect facts to support their position.
Here are several facts a lot of people are getting wrong about the Darren Wilson grand jury proceedings and outcome:
Myth: The grand jury declared Darren Wilson innocent, or, relatedly, the grand jury "acquitted" Darren Wilson.
Fact: Grand juries don't decide whether someone is innocent or guilty. Nor do they "acquit" people, as do juries in criminal trials. Grand juries simply decide whether there is probable cause to indict someone for a crime.
Myth: The grand jury was unanimous.
Fact: Robert McCullough, the St. Louis County prosecutor, explicitly stated that he would not disclose whether the grand jury was unanimous (at about 25:40 in the video). Under Missouri State Code § 540.260, nine of the twelve jurors need to agree in order to indict someone for a crime. Since there was no indictment, all we know is that there were not nine votes to indict Darren Wilson on any given charge. Indeed, there could have been eight votes to indict him on one or more of the charges. Or the decision not to indict could have been unanimous. But we don't know. And given that Missouri State Code § 540.310 prohibits grand jurors from disclosing any individual juror's vote, we likely never will.
The grand jury decision not to indict Darren Wilson for the shooting of Michael Brown has ignited a firestorm of commentary and disagreement. Debate is to be expected in a large and diverse society such as ours. But as an attorney and a law professor, I am particularly troubled to see so many people relying on incorrect facts to support their position.
Here are several facts a lot of people are getting wrong about the Darren Wilson grand jury proceedings and outcome:
Myth: The grand jury declared Darren Wilson innocent, or, relatedly, the grand jury "acquitted" Darren Wilson.
Fact: Grand juries don't decide whether someone is innocent or guilty. Nor do they "acquit" people, as do juries in criminal trials. Grand juries simply decide whether there is probable cause to indict someone for a crime.
Myth: The grand jury was unanimous.
Fact: Robert McCullough, the St. Louis County prosecutor, explicitly stated that he would not disclose whether the grand jury was unanimous (at about 25:40 in the video). Under Missouri State Code § 540.260, nine of the twelve jurors need to agree in order to indict someone for a crime. Since there was no indictment, all we know is that there were not nine votes to indict Darren Wilson on any given charge. Indeed, there could have been eight votes to indict him on one or more of the charges. Or the decision not to indict could have been unanimous. But we don't know. And given that Missouri State Code § 540.310 prohibits grand jurors from disclosing any individual juror's vote, we likely never will.
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