The Ferguson Grand Jury Decision

Nearly every news story on the incident in Ferguson refers to the shooting death of “Unarmed Teenager, Michael Brown.” They don't just call him Michael Brown. They always make a point of calling him, “Unarmed Teenager, Michael Brown.”

Despite being unarmed, I believe his behavior was such, that Officer Darren Wilson's use of his weapon was entirely appropriate. Were there inconsistencies in Officer Wilson's testimony to the grand jury? Absolutely, but show me a case where there are no inconsistencies in a witness' testimony. If he was lying about the Cigarellos, so what? Based on the video of Unarmed Teenager Michael Brown assaulting a shop owner a few minutes before his death, I consider it more likely than not, that Unarmed Teenager Michael Brown assaulted Officer Wilson as well. I don't care if he was unarmed. He was not entitled to a fair fight.

I agree with the decision made by the Ferguson grand jury, but I also agree with Reverend Al Sharpton's contention that the system is broken. Alleged misconduct by a police officer should be addressed by a special prosecutor, with no ties to the police, every single time. Furthermore, I don't believe the decision to call in a special prosecutor should be made by the county prosecutor. The special prosecutor should take the case, over the county prosecutor's objections if necessary.

In most jurisdictions, the county prosecutor is an elected official. Theoretically, this is supposed to grant the prosecutor sufficient independence, to enable him to prosecute police officers, and other public officials, without fear of upsetting his superiors. But because prosecutors work in partnership with the local police, they are understandably reluctant to jeopardize that relationship, by prosecuting them. I believe the county prosecutor should be appointed, and should be limited to prosecuting crimes that are not politically touchy.

I propose to establish an Office of the Special Prosecutor for each jurisdiction. This person will be elected. The special prosecutor's sole purpose shall be to prosecute cases in which the prosecutor is perceived to have a conflict of interests. The special prosecutor may consider taking cases referred to him by the county prosecutor, but will have ultimate authority to take any case, at his own discretion. He also needs the authority to decline any case that is referred by the county prosecutor. This will prevent the county prosecutor from attempting to sabotage his office by creating an excessive caseload.

One might wonder why I am calling for change, given that I approve of the grand jury's decision. If a man has been convicted of murder, I might maintain that he did not receive a fair trial, despite my belief that he is guilty. We need to be concerned about procedures, due to the effects they might have on other cases.