Ferguson and Michael Brown . As we’ve all heard by now, any halfway-decent prosecutor can get a grand jury to “indict a ham sandwich” if that’s the outcome she wants. In fact, it’s so easy in most cases that a former New York state chief judge, Sol Wachtler, famously remarked that a prosecutor could persuade a grand jury to “indict a ham sandwich.”. Exculpatory forensic evidence was presented. Recently, two grand juries decided the fate of police officers involved in the deaths of Michael Brown in Ferguson, Missouri, and Eric Garner in Staten Island, New York. Psychology Today explains: Wachtler, who pleaded guilty to making threats to kidnap Silverman’s daughter, was sentenced to 15 months in federal prison. Former New York state Chief Judge Sol Wachtler famously remarked that a prosecutor could persuade a grand jury to “indict a ham sandwich.” The data suggests he … The “ham sandwich” got some more cultural cachet when Tom Wolfe included the saying in the 1987 novel The Bonfire of the Vanities. Not when Daniel Pantaleo choked Eric Garner in Staten Island. Slate is published by The Slate Group, a Graham Holdings Company. by Douglas M. Parker; November 30, 2014; The scenes of burning buildings in Ferguson, immediately following a Grand Jury’s decision not to indict Officer Darren Wilson, were appalling and depressing. Prosecutors have a vast amount of leeway and control when it comes to grand jury proceedings. In legal circles, the saying is that prosecutors, before a grand jury, could indict a ham sandwich if they wanted too. The joke is that most prosecutors could get a grand jury to indict a ham sandwich. By joining Slate Plus you support our work and get exclusive content. All rights reserved. And they continued to use violence even after the Ferguson case. A prosecutor might be able to get a grand jury to indict a ham sandwich, as the saying goes, but not two police officers who caused the deaths of unarmed men. Finally, keep this in mind: It has often been said that a decent prosecutor could indict a ham sandwich. That is why the common phrase “the government can indict a ham sandwich” is so often quoted. Except, apparently, in Ferguson and New York. But, in fact, the point of a grand jury is for the prosecutor to get whatever outcome he or she wants. Former Republican National Committee Chairman Michael Steele on Wednesday criticized grand jury decisions to not indict white police officers in the deaths of black men in New York and Ferguson, Mo. Government abuse of the grand jury system has become so notorious and problematic, it caused New York Court of Appeals Judge Sol Wachtler to famously say nearly 30 years ago that if a prosecutor wanted to, a grand jury would “indict a ham sandwich.”. Tweet Share Copy Arts & Entertainment Books ... can get a grand jury to "indict a ham sandwich." A well-worn saying is that a prosecutor could get a grand jury to indict a ham sandwich. In Ferguson, the public waited in the dark for months as the secret grand jury heard testimony. Unprocessed rape kits are not a problem in Idaho, despite what the media says. In the famous words of Sol Wachtler, the former chief judge of the New York Court of Appeals, a prosecutor could persuade a grand jury to “indict a … Indict A Ham Sandwich T-Shirt. “A prosecutor can have a grand jury indict a ham sandwich if he wants to.”–― former New York State chief judge Sol Wachtler commenting in a 1985 interview how district attorneys have so much influence on grand juries that “by and large” they can “indict a ham sandwich.” No sane prosecutor would indict a ham sandwich – i.e. Follow @lexiconvalley on Twitter or on Facebook. The Purpose Of The Ferguson Grand Jury Was Not To Get An Indictment. If that’s the case, why has it been so hard to get an indictment over police officers blatantly accused of wrongdoing lately? To the majority-black community in Ferguson, Brown's death was seen as something that could happen to them or their own sons. In a biographical essay on the New York courts’ website, David Gould writes, “After Judge Wachtler was released from prison, he told an audience at a speech he gave that before his arrest, he was always worried that the ‘ham sandwich’ statement would be the only thing for which he would be remembered. He or she presents the evidence along with some witness testimony to make a case for indictment, and the jurors vote on it. Before swearing in O’Keefe on January 15, 2015, Judge O’Neill gave a short speech. Darren Wilson is the Ferguson police officer who shot and killed unarmed black teen Mike Brown in August, sparking waves of protest. Fernow said it's uncommon for a grand jury not to indict. "A grand jury would indict a ham sandwich," or so the saying goes. … “If a jury can indict a ham sandwich, why is it taking so long?” asked Georgetown professor Michael Eric Dyson. After his arrest, he was diagnosed with bipolar disorder, and is now an advocate for the mentally ill. Wachtler, who is 84, had his law license restored in 2007. Of all the unlikely things to indict, why this one? Ferguson, Grand Jury, and Indicting a Ham Sandwich. He will fail. In the aftermath of a grand jury’s decision not to indict Ferguson police officer Darren Wilson, commentators have noted that such an outcome is quite rare. Now, he said, he wishes that the quote would be the only thing for which he would be remembered.” That wish will surely come true—the ham sandwich he made 30 years ago will still be edible long after Wachtler’s personal scandal fades from view. Government abuse of the grand jury system has become so notorious and problematic, it caused New York Court of Appeals Judge Sol Wachtler to famously say nearly 30 years ago that if a prosecutor wanted to, a grand jury would "indict a ham sandwich." But, in fact, the point of a grand jury is for the prosecutor to get whatever outcome he or she wants. By Albert B. Kelly. An old saw holds that a prosecutor could get a grand jury to indict a ham sandwich. An infamous phrase among lawyers is that “you can indict a ham sandwich.” In the wake of the shocking Ferguson grand jury decision not to indict Officer Darren Wilson for shooting Michael Brown, evidence has come to light explaining how the grand jury so badly missed the mark. The joke comes from the reality that Grand Jury proceedings are kind of a sham. Well let me explain. When they don’t get those indictments, they don’t want to get them,” he said. Recently, two grand juries decided the fate of police officers involved in the deaths of Michael Brown in Ferguson, Missouri, and Eric Garner in Staten Island, New York. The grand jury process has been in the news again, as Americans debate the decision by one in St. Louis County, Mo., not to indict Ferguson officer Darren Wilson in the Aug. 9 … If that’s the case, why has it been so hard to get an indictment over police officers blatantly accused of wrongdoing lately? “A good DA can indict a ham sandwich, when they want to. To recap the relevant facts: Officer Darren Wilson shot and killed Michael Brown, an unarmed eighteen-year-old man, on August 9, 2014, in Ferguson, Missouri. The rioting and violence that erupted in Ferguson, Mo., after the news Monday night that a white police officer would not be indicted in the shooting … In the aftermath of a grand jury’s decision not to indict Ferguson police officer Darren Wilson, commentators have noted that such an outcome is quite rare. I don’t think it’s very difficult to figure out what that was. In 1993, he was indicted for extortion and other crimes. they say you can get a grand jury to indict a ham sandwich. And you'll never see this message again. The Flames of Ferguson and the Grilling of the DA. In November, a St. Louis County grand jury decided not to indict a Ferguson officer in the Aug. 9 shooting of 18-year-old Michael Brown. It is for this reason that most lawyers say, repeating the famous expression of the former chief judge of the highest New York state court, Sol Wachtler, that prosecutors can get grand juries to “indict a ham sandwich.” Prosecutors can get a grand jury to indict a “ham sandwich” as the famous New York Chief Judge Sol Wachtler once said. “But mainly you used the grand jury to indict people,” Wolfe wrote, “and in the famous phrase of Sol Wachtler, chief judge of the State Court of Appeals, a grand jury would ‘indict a ham sandwich,’ if that’s what you wanted.”, Of all the sandwiches in all the delis in all the world, why a ham sandwich? The decision wasn’t a surprise — leaks from the grand jury had led most observers to conclude an indictment was unlikely — but it was unusual. Compared to a conviction by a trial jury, an indictment requires a lower threshold of evidence and it needs only nine votes, as opposed to a unanimous vote. Your email address will not be published. It seems ironic, now, or sad, or tragic, that it was one-time Chief Judge Solomon Wachtler of the New York Court of Appeals who is credited with … Michael Steele, an African-American and former chairman of the Republican National Committee, explained it this way in an appearance on MSNBC: "They tell … A prosecutor might be able to get a grand jury to indict a ham sandwich, as the saying goes, but not two police officers who caused the deaths of unarmed men. Where did that delicious, evocative phrase come from? ... Ferguson Advertisement. Just a day after the grand jury announced not to indict police officer Darren Wilson, the city of Ferguson remains tense. However, in the case of Ferguson police officer Darren Wilson, who shot and killed unarmed teenager Michael Brown, the prosecutor doesn’t … Government abuse of the grand jury system has become so notorious and problematic, it caused New York Court of Appeals Judge Sol Wachtler to famously say nearly 30 years ago that if a prosecutor wanted to, a grand jury would "indict a ham sandwich." indict a ham sandwich fivethirtyeight.com | A St. Louis County grand jury on Monday decided not to indict Ferguson, Missouri, police Officer Darren Wilson in the August killing of teenager Michael Brown. A demonstrator carries a picture of Michael Brown during a protest along Florissant Avenue on Aug. 16, 2014 in Ferguson, Mo. Regardless of whether it was pastrami or ham, Wachtler got to observe the sandwich-making process from both sides of the lunch counter. First, the burden of proof at a Grand Jury proceeding is probable cause. When a DA Wants to Indict a Ham Sandwich The ham sandwich gets indicted. Not when Darren Wilson shot Michael Brown in Ferguson. Amazon.de/Fashion: Kostenlose Lieferung und Rückgabe. They have just recently just killed another young 12-year-old in Cleveland, Ohio, with a toy gun. asked Georgetown professor Michael Eric Dyson. You’ve run out of free articles. a case that is a sure loser. I think Mr. McCulloch, the prosecutor, handled matters professionally and competently. Barnstable District Court Judge James O’Neill CAPE COD WAVE PHOTO. It's the lack of video in Ferguson that now, especially now, has to make you wonder what those jurors missed. indict a ham sandwich. You can cancel anytime. In most cases, a grand jury is a supple tool in the hands of a prosecutor bent on an indictment. will this one be that easy? I was a grand juror and I would have voted to indict in Ferguson I was a grand juror, and I can tell you they indict all the time. 53. Blog No. Garner's last words, as Amy Davidson points out in … In his etymological blog post, Popik says the Jewish judge “told me that he regrets that he didn’t say ‘pastrami’ sandwich, adding that he may (surely) have been misquoted about ‘ham.’ “. “A good DA can indict a ham sandwich, when they want to. What he can indict a ham sandwich why not indict this officer it. When they don’t get those indictments, they don’t want to get them,” he said. Although ham is indeed a common lunchmeat, Wachtler wasn’t convinced he’d picked the right kind of flesh. Prosecutors can get a grand jury to indict a “ham sandwich” as the famous New York Chief Judge Sol Wachtler once said. In recent weeks, commentators have reminded us constantly of the old legal adage that a grand jury "will indict a ham sandwich" at the behest of a prosecutor. As the old saying goes (and as you are taught in law school), “A grand jury could indict a ham sandwich.” Like all clichés, it stems from some nugget of truth. A St. Louis County grand jury on Monday decided not to indict Ferguson, Missouri, police officer Darren Wilson in the August killing of teenager Michael Brown. As Barry Popik explains, Sol Wachtler, the former chief judge of New York state, coined the term in a January 1985 interview with the New York Daily News’ Marcia Kramer and Frank Lombardi. The point being that a grand jury proceeding is heavily biased toward the prosecution. Judge Sol Wachtler famously said that a … In practice, the grand jury process overwhelmingly favors the prosecution, as no defense evidence is presented. In Ferguson case, Paul Callan says the grand jury is the right way to decide if charges should be brought against Darren Wilson for killing Michael Brown. Slate relies on advertising to support our journalism. If you value our work, please disable your ad blocker. The no-indictment decision was the final criminal word on the matter. It is an old joke that a Grand Jury would indict a ham sandwich if you wanted them to. The relevant bit: A month later, the New York Times noted that Wachtler believed grand juries “operate more often as the prosecutor’s pawn than the citizen’s shield.” That belief—that prosecutors can get grand juries to do whatever they want them to do—will sound familiar to anyone who’s been listening to criticism of St. Louis County prosecuting attorney Robert McCulloch. So you can see that the unwillingness to indict the police officer is a bizarre outcome and clearly reflects that something else was going on. ‘If you can indict a ham sandwich, why can’t you indict Officer Wilson?’ News & Politics. Ferguson Legal Experts Love ‘Ham Sandwich’ Indictment Line (Washington Free Beacon) There were so many smart takes, it was hard to keep track during Monday’s coverage of a Ferguson grand jury’s decision to not indict Officer Darren Wilson in the death of Michael Brown. Prosecutors Who Can’t Indict a Ham Sandwich. In the Ferguson case involving the fatal shooting of Michael Brown, Officer Darren Wilson was invited to testify. Former Republican National Committee Chairman Michael Steele on Wednesday criticized grand jury decisions to not indict white police officers in the deaths of black men in New York and Ferguson, Mo. Anytime any other citizen defends themselves. As New York Judge Sol Wachtler said in 1985, “If a district attorney wanted, a grand jury would indict a ham sandwich.” Grand juries are the prosecutor’s babies. New York State Chief Judge Sol Wachtler is quoted as saying that “a grand jury would indict a ham sandwich, if that’s what you wanted.” And after months and … All contents © 2021 The Slate Group LLC. He also didn't want a non-indictment. As the old saying goes (and as you are taught in law school), “A grand jury could indict a ham sandwich.” Like all clichés, it stems from some nugget of truth.