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Policy Brief #1 - Special Prosecutor
Policy Brief #1 - Special Prosecutor
Context
On November 24 2014, a grand jury decided not to charge Officer Darren Wilson with a crime
for shooting and killing Mike Brown, an unarmed black teenager, in Ferguson, Missouri. When
someone is killed, prosecutors usually present the case for why a grand jury should charge the
person responsible. But in this case, they did not recommend specific charges for Officer
Wilson. Instead, prosecutors invited Wilson to present his version of the story for four-hours
without seriously questioning him, challenged witnesses that did not agree with Wilsons
version of the story and even let witnesses testify in support of Wilsons story who were clearly
not credible. The county prosecutor in charge of making these unusual moves, Bob McCulloch,
had close ties to local police his father was a St. Louis policeman who was killed in the line of
duty by a black man and three of his family members were currently serving as St. Louis police
officers. Mike Brown was the fifth person killed by police under McCullochs watch. None of the
officers responsible have even faced a trial.
Problem Statement
Prosecutors can convince grand juries to charge almost anyone, but prosecutors do not
convince grand juries to charge police officers. Instead, prosecutors side with police officers and
can present a one-sided picture to the grand jury in secret. In the past 6 months, grand juries
have not charged police officers for the deaths of at least five unarmed black people: Mike
Brown, Eric Garner, John Crawford, Jordan Baker and Dontre Hamilton.
Policy Overview
Establish a permanent special prosecutors office at the state level to automatically handle all
police killings of civilians.
The key provisions of this policy include:
A permanent special prosecutor is appointed at the state level and equipped with an
office with resources to be able to conduct thorough investigations.
The special prosecutor is required to investigate all police killings of civilians and given
authority to do so.
The special prosecutor is chosen based on input from the community.
Last revised 1.14.15. For more information, please contact @deray or @samswey.
investigators and resources, they can do a full investigation without needing to rely on police
officers to investigate themselves.
To prevent the governor or attorney general from choosing a special prosecutor who unfairly
sides with police officers, this policy would also establish a commission with community
representation that either selects the special prosecutor itself or selects the candidates that the
governor must pick from.
Learn More
How Grand Juries work: http://econ.st/1IvVvDB
How Grand Juries favor police: http://53eig.ht/1FlTLs4
About special prosecutors: http://huff.to/1AyZlak, http://bit.ly/1stWHNy,
http://bv.ms/1DHMOCB
Last revised 1.14.15. For more information, please contact @deray or @samswey.