We've received several questions about why a grand jury was involved in the Breonna Taylor case.
In Kentucky, grand juries are convened to consider felony charges. Prosecutors have complete control over what goes to a grand jury.
In Kentucky, grand juries are convened to consider felony charges. Prosecutors have complete control over what goes to a grand jury.
In Taylor's case, the Attorney General acted as a special prosecutor. AGs stepping in as special prosecutors is becoming common practice in cases involving police violence because of the relationships that prosecutors and police departments have.
A KY grand jury is made up of 12 people who hear evidence collected on a potential crime. They don't decide guilt or innocence -- only whether there is enough evidence to formally charge a person with a crime.
Suspects typically have no role in these proceedings, which are conducted entirely in secret. The prosecutor presents evidence. The grand jury can subpoena documents, records, and witnesses.
The grand jury has 60 days after a referral to decide whether to indict. In order to return an indictment, 9 of 12 grand jurors must agree.
There is a very long history of using grand juries, which are supposed to protect individuals from government overreach. Like many other aspects of the criminal legal system, grand juries have strayed far from that purpose.
Because of the complexity of law and evidence, grand juries are heavily influenced by prosecutors. They also often give prosecutors cover in cases that draw public interest.
That's why there is an outcry for information about the grand jury in Breonna Taylor's case to be released. The family and the public would like to know how AG Cameron presented this case, what evidence was available to grand jurors, and what charges the grand jury considered.
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