Tuesday, October 23, 2012

Grand Juries & Ham Sandwiches

Solomon Wachtler, former Chief Judge of the New York Court of Appeals, once said that grand juries were so pliable that a prosecutor could get a grand jury to “indict a ham sandwich.” And after observing a sitting member for the past two months I could not agree more.

Grand juries are seemingly an American anachronism whose purpose in practice appears to be:

  1. Rubber stamping the prosecution's argument
  2. Providing an extended sabbatical for its participants as all workers:
    1. Are paid their salary by their employer
    2. Keep their leave 
    3. Cannot be fired for participating 
Case in point, today the grand jury indicted 19 people sitting from 9 am to 1 pm with time off for lunch (probably an hour). Another day they handed down 36 indictments in the time of six hours. As far as I know, the grand jury has never voted to NOT indict. 

My incredulity also stems from the fact that a significant amount of effort is put into training participants: 
  1. Drive through of every police district at night starting at 8 pm - there are several dozen
  2. Tape of an autopsy with explanations
  3. Visit to a firing range to learn about ballistics and reaction times
  4. Meeting the City State's Attorney 
So if all cases go to trial why bother? 


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