City University of New York (CUNY) CUNY Academic Works Publications and Research CUNY School of Law 2018 Visibly (Un)Just: The Optics of Grand Jury Secrecy and Police Violence Nicole Smith Futrell CUNY School of Law How does access to this work benefit ou?y Let us know! More information about this work at: https://academicworks.cuny.edu/cl_pubs/339 Discover additional works at: https://academicworks.cuny.edu This work is made publicly available by the City University of New York (CUNY). Contact:
[email protected] \\jciprod01\productn\D\DIK\123-1\DIK101.txt unknown Seq: 1 19-OCT-18 13:50 Articles Visibly (Un)Just: The Optics of Grand Jury Secrecy and Police Violence Nicole Smith Futrell* ABSTRACT Police violence has become more visible to the public through racial justice activism and social justice advocates’ use of technology. Yet, the heightened visibility of policing has had lim- ited impact on transparency and accountability in the legal pro- cess, particularly when a grand jury is empaneled to determine whether to issue an indictment in a case of police violence. When a grand jury decides not to indict, the requirement of grand jury secrecy prevents public disclosure of the testimony, witnesses, and evidence presented to the grand jury. Grand jury secrecy leaves those who have seen and experienced the act of police violence through activism and social media with no way of * Associate Professor, The City University of New York (CUNY) School of Law. I thank Anna Roberts, Amna Akbar, Babe Howell, Bahar Ansari, Darian Futrell, Donna Lee, Jocelyn Simonson, Naz Ahmed, Nermeen Arastu, Priscilla Ocen, Ruthann Robson, and Steve Zeidman for their support and encouragement.