Why Civil Rights Groups Are Calling For The Ferguson Prosecutor To Step Down
As St. Louis County Prosecutor Robert McCulloch presented the case for charging Ferguson police officer Darren Wilson privately before a grand jury, protesters stood outside calling for his removal. They cite McCulloch’s support for police officers in another police misconduct case, and a family history that includes many family members on the police force including his father, who was killed by a black man with a gun.
Prosecutors are law enforcers, like police. In most every case they take, they rely on police to provide them with cases, make arrests, present evidence, and even testify at trial. If prosecutors can’t work with cops, they can’t convict anybody. And they don’t want to alienate those very same people, particularly because they often maintain personal relationships. As a result, when faced with a case charging the police, “prosecutors face enormous pressure from both police and fellow prosecutors not to go forward with such cases,”
explainslaw professor David A. Harris in a law review article on police accountability.
Many local prosecutors are also elected, and thus face external political pressure not to go up against the police. “[T]he election of local prosecutors makes bringing these cases very difficult and quite uncommon, even instances of serious abuse of citizens,” Harris explains. Prosecutors who go up against cops may be painted as soft on crime. And police unions are particularly well positioned to exert negative pressure on prosecutors during their re-election campaigns.
Convictions against police officers are also incredibly hard to come by, even when prosecutors do file charges, as
juries also tend to side with police. Add to that the racial biases that mean
black men like Michael Brown are more likely to be perceived as “dangerous,” and it will take a particularly hard-charging and committed prosecutor to overcome all of the
obstacles to getting justice against a police officer.
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Why Civil Rights Groups Are Calling For The Ferguson Prosecutor To Step Down
It's no surprise that Wilson wasn't indicted.