While Congressional action is needed to curtail immunity of police and prosecutors, a first step to holding police accountable could be allowing a lawyer representing the family of the victim to be present in the grand jury-as a check on truth.
- Evidence: Ensure all interviews of witnesses and targets are recorded and those recordings, along with evidence such as bystander or “body cam” video, be turned over to a lawyer representing the family of the victim.
- Fairness: Currently, no one ensures a racially balanced grand jury or that jurors are neutral in their feelings toward the victim or the people that they are to consider charging with a criminal act. The family’s lawyer should be able to voir dire, to question, potential grand jurors to ensure fairness.
- Check on Truth: Furthermore, the victim’s lawyer could object to proposed evidence or testimony by the government and offer evidence or testimony for the victim, such issues would be decided by a judge, the same as may be done in a civil deposition. If this due process safeguard is important where monetary damages are at stake in a civil proceeding, surely this due process safeguard should be in place where someone’s life is an issue.
- Public’s Right to Know: Finally, while not identifying members of the grand jury, the family’s lawyer would be able to make a public report on what transpired. A well-informed public strengthens the public’s faith in our judicial system and in our democracy.
To deter the use of excessive force by police, we must hold those who use excessive force accountable. A first step is to allow a lawyer representing the family of a victim to be present in the grand jury as a check on truth.