ST. LOUIS (AP) – A Missouri grand jury has been hearing evidence for months as it weighs whether to indict Ferguson police officer Darren Wilson in the Aug. 9 fatal shooting of Michael Brown, which was followed by extensive and sometimes violent protests. Some answers to common questions about grand juries:
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Q: What is a grand jury?
A: A grand jury is a group of people who decide whether there is enough evidence to charge someone with a crime and, if so, what that charge should be. If a grand jury issues an indictment, a separate jury is selected to decide whether the person is guilty.
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Q: How many people are on the grand jury and how are they selected?
A: A grand jury is composed of 12 people “selected at random from a fair cross-section of the citizens,” according to Missouri law. The grand jury in the Brown case is 75 percent white: six white men, three white women, two black women and one black man. St. Louis County overall is 70 percent white, but about two-thirds of Ferguson’s residents are black. Brown was black. The officer is white.
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Q: Is the grand jury appointed for a specific case?
A: No. It’s appointed for a four-month term. The current grand jury’s term was due to expire Sept. 10. That same day, county Judge Carolyn Whittington extended the term to Jan. 7 – the longest extension allowable by state law. The investigation was always expected to go longer than the typical grand jury term.
St. Louis County Prosecuting Attorney Bob McCulloch has said he expects grand jurors to reach a decision in mid- to late November on whether to indict Wilson. But that timing ultimately is up to the grand jury.
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Q: How often do grand jurors meet?
A: As their schedules allow. For example, they might meet once a week.
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Q: Who is inside the grand jury room?
A: The jury, a prosecutor and a witness. Grand jury proceedings are closed to the public.
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Q: What happens when the grand jury convenes?
A: Prosecutors present evidence and summon witnesses to testify. A grand jury is a powerful tool for investigating crimes because witnesses must testify unless they invoke the 5th Amendment of the U.S. Constitution, which protects against self-incrimination.
Typically, grand jurors hear a condensed version of the evidence that might be presented at a trial, since they are determining only whether probable cause exists to indict someone, not whether that person is guilty. In the Ferguson case, grand jurors are receiving more extensive evidence and testimony.
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Q: Who has testified to the grand jury?
A: Wilson testified in his own defense. Witnesses have testified, as have forensic experts, including Dr. Michael Baden, who performed a private autopsy on Brown on behalf of his family.
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Q: What charges does Missouri allow in homicide cases?
A: At the lower end is second-degree involuntary manslaughter, which is defined as acting with criminal negligence to cause a death. It is punishable by up to four years in prison.
First-degree involuntary manslaughter, defined as recklessly causing a death, is punishable by up to seven years in prison. Voluntary manslaughter, defined as causing a death “under the influence of sudden passion arising from adequate cause,” is punishable by five to 15 years in prison. Second-degree murder is defined as knowingly causing a death, or acting with the purpose of causing serious physical injury that ends up resulting in death. It is punishable by life in prison or a range of 10 to 30 years.
The most serious charge, first-degree murder, can be used only when someone knowingly causes a death after deliberation and is punishable by either life in prison or lethal injection.
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Q: Do charges require a unanimous vote?
A: No. Consent from nine jurors is enough to file a charge in Missouri. The jury could also choose not to file any charges.
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Q: Can jurors speak to the public?
A: No. Disclosing evidence, the name of a witness or an indictment can lead to a misdemeanor charge.
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Q: What will be publicly disclosed when grand jurors reach a decision?
A: If Wilson is charged, the indictment will be made public, but the evidence will be kept secret for use at a trial. If Wilson is not indicted, McCulloch has said he will release transcripts and audio recordings of the grand jury investigation.
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Q: What preparations are being made?
A: Schools expect advance notice of a grand jury announcement to help ensure students can get home before any major disruptions from protests. Police have undergone training pertaining to protesters’ constitutional rights and have purchased more equipment, such as shields, helmets, smoke canisters and rubber bullets.