Justice Scalia Explains What Was Wrong With The Ferguson Grand Jury

[loyalsister]

Wow.

Justice Antonin Scalia, in the 1992 Supreme Court case of United States v. Williams, explained what the role of a grand jury has been for hundreds of years.
It is the grand jury’s function not ‘to enquire … upon what foundation [the charge may be] denied,’ or otherwise to try the suspect’s defenses, but only to examine ‘upon what foundation [the charge] is made’ by the prosecutor. Respublica v. Shaffer, 1 Dall. 236 (O. T. Phila. 1788); see also F. Wharton, Criminal Pleading and Practice § 360, pp. 248-249 (8th ed. 1880). As a consequence, neither in this country nor in England has the suspect under investigation by the grand jury ever been thought to have a right to testify or to have exculpatory evidence presented.

http://thinkprogress.org/justice/2014/11/26/3597322/justice-scalia-explains-what-was-wrong-with-the-ferguson-grand-jury/

[Recursion]

1. Scalia actually has some interesting views on the grand jury as an institution

He's called it a "fourth branch of government" before.

[loyalsister]

2. What is his argument for that?

[Recursion]

3. Because they started essentially as ombudsman citizens' committees

So, back in the early 1800s states set up grand juries to hear any complaint from any citizen. This was before public prosecutors, so if somebody had stolen your cow you would go to a grand jury (possibly hiring a lawyer) and present your evidence. If they returned a true bill you would have to prosecute the person in court (and in fact they would usually deputize you to go arrest the guy... oy).

But it was for more than crimes; if the county wasn't maintaining a bridge like it should or whatever you could go to the grand jury and they would issue a mandamus order to the appropriate person to do his job and maintain the bridge.

[loyalsister]

5. So, if hadn't changed over time

It would be possible for what is usually a token committee, like citizen's a review board to hear complaints and recommend prosecution?

I assume he wasn't in favor of having a 4th branch of government.

[Recursion]

6. No, he likes it and wants them to go back to being that

He's an odd guy.

[UTUSN]

4. Message to Mafia/SCALIA: