Protesters, demanding the criminal indictment of a white police officer who shot dead an unarmed black teenager in August, march through a suburb in St. Louis, Mo., on Nov. 23, 2014.ANDREES LATIF/Reuters
Grand juries in the United States decide whether there is probable cause to believe someone has committed a crime, and are an important part of both the state and federal judicial systems. They don't pronounce on guilt or innocence, but on whether or not to indict. In the Ferguson, Mo., case into the police shooting of Michael Brown, a St. Louis County grand jury has been hearing evidence and testimony for three months.
What does a grand jury do?
Grand juries can include as many as 36 people, depending on the jurisdiction. They are convened regularly and usually for a term of several months to hear evidence on various cases presented to them by prosecutors. The 12-person Ferguson grand jury, rather than meeting once a week as is the norm in St. Louis County, was extended so that jurors had extra time to hear many witnesses and concentrate on the Brown case. Grand juries have wide subpoena power and meet in secrecy.
Who runs a grand jury?
Like a jury in a trial, a grand jury elects a foreperson. It has access to a judge for consultation. The prosecutor presents evidence and witnesses, and commonly it is the prosecutor who stage-manages the procedure. The grand jury that considered whether to indict Darren Wilson, the police officer who shot Mr. Brown, however, reportedly had more leeway. St. Louis County prosecuting lawyer Robert McCulloch said early on that he would present every piece of evidence and witness he had "so the grand jury is making their decision based upon absolutely everything."
Who decides the outcome?
Unlike the jury in a trial, a grand jury does not need to come to a unanimous decision to issue an indictment – in this case on any one of several possible crimes ranging from the most serious first-degree murder to involuntary manslaughter or armed criminal action. Unanimity is not necessary: agreement on a "true bill" by nine of the 12 jurors was sufficient. Its deliberations take place out of the presence of the prosecutor and no defence lawyers can be present.
What happens next?
An indictment sends the case to court for trial. In theory, prosecutors can present evidence to a second grand jury if they fail to get an indictment the first time. In this case, Mr. McCulloch has said that if the grand jury did not indict, then he wanted to make public all the evidence heard by the grand jury, although state officials said that decision would rest with the courts. At the end of the grand jury, jurors are prohibited from disclosing anything from the grand-jury room and their identities are protected by law, although witnesses are not bound by the same secrecy.
Regardless of what the St. Louis County grand jury decides, the Brown family may still file a civil lawsuit against Mr. Wilson. Parallel federal actions also are not affected by the grand-jury decision: The FBI would continue its investigation, although the FBI and the St. Louis County police department reportedly shared evidence. And the federal Justice Department is continuing to look at whether the Ferguson police force engaged in civil-rights violations.