While the grand jury’s decision not to indict may, to some, taste of injustice in this particular case, one should always be wary of wishing for a more zealous prosecutorial approach that infantilizes citizens and robs them of their rightful role in deciding who should, and should not, be charged with serious felonies. In fact, the role played by the grand jury in Ferguson demonstrates the wisdom of our English common law forebears, and poses a challenge to courts and prosecutors nationwide who in recent decades have turned this one-time citizens’ shield against prosecutorial abuse into a sword aimed at the heart of liberty.

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