As Ferguson and the rest of the nation await the Michael Brown verdict in Ferguson, Missouri, some are wondering why the grand jury is taking so long to decide. Two different reports by CNN elaborate on what’s going on behind closed doors and what prosecutors expect out of the deliberation.
CNN legal analyst Mark O’Mara explains that the main reason for the grand jury’s time in deliberating the verdict has to do with prosecutor, Robert McCulloch. He’s given the jury every bit of evidence he has, as well as witnesses. This is more information than is normally provided in grand jury deliberations. McMulloch realizes the jury will be highly scrutinized over their decision and every piece of evidence will be “micro-analyzed.” Transcripts of the deliberations will be released to the public, allowing the prosecutor’s work in this case to be reviewed. As O’Mara says, McCulloch is being cautious and it’s safer to give too much information than too little.
A grand jury must make a call on whether “probable cause existed that a crime was committed by an individual.” Conversely, a trial jury must determine if the accused is guilty beyond a reasonable doubt.
The Michael Brown verdict that weighs heavily on the grand jury involves many indictments to choose from for Darren Wilson. The charges could be anything from no probable cause to charging him with first degree murder.
Peter Joy is a law professor at Washington University in St. Louis. He gives what deciding factors jurors must consider when indicting Wilson.
“The thing that’s in common is that Michael Brown is dead and that his death was caused by the actions of Officer Wilson. What changes with each one is really the mental state and the circumstances.”
So, what are the counts that Wilson could face after the grand jury’s deliberations? Joy gives his predictions of what Officer Wilson will face if charged with the following indictments.
First degree murder is the most serious of the charges. It’s already been proven that Wilson killed Brown, which is one of the main questions to be answered in determining this verdict. Prosecutors must also prove that he killed Brown after “deliberating on the matter” — meaning there’s proof of some type of planning.
If Darren Wilson is charged with first degree murder, he could be sentenced to life in prison without parole, or get the death penalty if that’s sought.
Second degree murder is a lesser extreme charge than first degree murder. Prosecutors must show that Wilson “knowingly caused Brown’s death — that he knew what he was doing was going to cause serious physical injury or death,” according to Joy. If Wilson is found guilty of this offense, he could face a life sentence in prison with the possibility of parole.
Voluntary manslaughter involves killing someone while in a fit of rage or under the influence of a “sudden passion.” If it’s proven that Officer Wilson acted under these mental conditions, then they have a chance of indicting him for voluntary manslaughter.
If prosecutors can prove Wilson acted while in a fit of anger or rage when he shot Brown, they might be able to secure a conviction on voluntary manslaughter. Joy says if this occurs, Wilson could be sentenced five to 15 years.
Involuntary manslaughter is unintentional death because an individual was being reckless. Although the person may not have meant to kill someone, no precautions were taken to prevent it. If the prosecutor can prove Wilson didn’t realize what he was doing when he fired his gun at Brown, involuntary manslaughter might be the verdict that the Ferguson grand jury indicts him with. This conviction would likely mean no more than seven years in prison.
Lastly, if the grand jury finds that Darren Wilson had good reason to shoot Brown because he acted in self-defense or feared for his own life, he can go free. This would apply to the state’s criminal charges. Federal officials are working on two civil rights having to do with Brown’s killing and the local police department’s general handling of minorities.
Tensions are high in Ferguson as the grand jury conducts their deliberation. As the Huffington Post writes, a militant group called RbG Black Rebels posted a message on Twitter that they have a bounty on Darren Wilson’s head. The extremists are willing to pay $5,000 for Wilson’s whereabouts. The Inquisitr also reported on this story.
No matter what the Michael Brown verdict is, there’s expected to be some type of discord over the grand jury’s decision.
[Image via ABC News ]