By Dan Horn
The Cincinnati Enquirer
Hamilton County Prosecutor Mike Allen decided Monday he would not go to a grand jury to determine whether criminal charges should be brought against police officers in the death of Nathaniel Jones.
He said he made the decision based on the evidence and state law.
What does Ohio law say about grand juries and when prosecutors can turn cases over to them? Here are some frequently asked questions about the process:
Question: What is a grand jury's job?
Answer: A grand jury must determine whether there is enough evidence that a crime was committed. The nine-member jury meets in secret. It hears the evidence the prosecutor presents. It is not asked to determine guilt or innocence.
Q: Does a prosecutor have to take a case to a grand jury?
A: No. According to the Ohio Code of Professional Responsibility, a prosecutor cannot institute criminal charges when he or she knows the charges are not supported by probable cause.
Q: Why did Allen decide against a grand jury in this case?
A: Allen said he found no evidence the police officers committed a crime. In fact, he said, the evidence showed that Jones committed crimes, not the officers.
Q: The Hamilton County coroner ruled Jones' death a homicide. Doesn't that mean a crime occurred?
A: No. Ohio law has six different offenses related to homicide, from the most severe (aggravated murder) to the least (negligent homicide). And sometimes a homicide is not a crime at all, such as when the cause of death is an accident or self-defense.
Q: When can police be charged with crimes?
A: Police officers are legally authorized to use force to subdue criminal suspects if they pose a threat to the officers or to others. To prove a crime, prosecutors must show the officers had criminal intent or acted negligently in the line of duty.
Q: Can Allen's decision be appealed?
A: Yes, but such an appeal would have little chance of success. A judge can appoint a special prosecutor to review a prosecutor's decision, but that's never happened in Hamilton County.
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Email dhorn@enquirer.com
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