Re: Nice Planet #8: You People Make Me Sick.
My take on yesterday's events.
1. I still don't have a good sense for what the evidence actually was/is. The prosecutor's description wasn't exactly descriptive, and the snippets of read testimony thrown out by bloggers, journalists and the talking heads, usually to support their narrative, didn't add to it. I assume at some point someone will do a complete summary, or even a book, in which the testimony and physical evidence is discussed at length.
2. A lot of claims about an abnormal process used by the prosecution. Everything from the length of time, to the "document dump" he engaged in, to his apparent(?) failure to ask for an indictment, etc...
As has been said, a grand jury proceeding is a probable cause hearing. In most parts of our criminal justice system probable cause is determined either by a grand jury or by a judge. I think it depends upon both the jurisdiction, and the nature of the crime, but in general that is where probable cause is determined.
People are correct when they say this is "normally" a very low standard. I think UNOFAN has said that either he or his wife is a criminal defense attorney, so I'm sure they can elaborate more, but I believe as a general rule in determining probable cause, no defense is even put on. That is, the defense side of the case is never presented, or even allowed. The prosecutor presents a basic outline of their evidence, with some supporting testimony and physical evidence. The judge or grand jury can question that evidence, or the validity/source of it, but both sides are not "normally" presented.
So when these talking heads tell us this proceeding is not how it "normally" happens when cases are presented to a grand jury, they are correct. But I've put the word "normally" into quotes for a reason. When it comes to examining whether a law enforcement officer should be prosecuted for something he/she did in the line of duty, this is how those cases are "normally" handled.
We can argue about whether this is right or wrong. I don't believe it has anything to do with race, or Darren Wilson in particular. It certainly has nothing to do with "the man" trying to protect the riches of the wealthy.
I believe it happens because of the relationship between cop and prosecutor. The prosecutor works with the cop every day. He generally finds the cop to be hardworking, honest, dependable, and performing a very dangerous job on behalf of the rest of us.
It also doesn't help the prosecutor to discredit the cop, or the police force vicariously. He depends upon the credibility of the police to get convictions. Prosecutions of the police as overzealous lawbreakers does not help his cause. You can argue that he should have punted the investigation to another prosecutor, and that may lessen the impact somewhat. But there is still a systematic bias that will give the benefit of the doubt to police, a benefit of the doubt that does not travel to any of us who happen to shoot someone. I am not necessarily opposed to such a benefit of the doubt, but it certainly exists.
So, from that standpoint, I think this process was completely "normal."
3. A lot of spin about the looting and destruction. The locals were all good, peaceful and lawabiding. The carpetbaggers caused all the trouble. The police exacerbated it. Blah, blah, blah. I had the sound down for the last hour or two that I watched. What I saw was a lot of people looting. Where they were from, I have no idea. But I find it hard to believe they drove in from Memphis to steal a case of malt liquor.
4. Pretty said case. You have a dead kid, who wasn't necessarily the angel described by some, but also probably wasn't beyond having a good, productive life. And you have another "kid", a young man in his 20's who has to live with this for the rest of his life. Live with the fact that he shot and killed someone. Live with the fact that his actions ultimately lead to (although didn't "cause") the B.S. we saw on tv last night. Live with the fact that he can now go out and try to start a new life and career, as Darren Wilson.