I’m not a criminal law expert, of course, but I thought I would start what amounts to an open thread on the Garner case. Here is my question: Can the decision by the grand jury not to indict be defended? If so, how?
I’ll add one qualification. A perfectly fine answer to my question is that the grand jury had before it exculpatory evidence that we don’t know anything about. Since there is no way to disprove that assertion (given that these grand jury proceedings are still secret), let’s assume for the sake of argument that what is in the public record is all of the relevant evidence. Discuss.