Racial inequality and the abuse of police power are two problems behind the continuous protests against the shooting of 18-year-old black man Michael Brown. On Aug. 9, 2014, Brown was shot dead in Ferguson, a rural town outside the city of St. Louis in the state of Missouri, by Darren Wilson, a 28-year-old white policeman.

However, on Nov. 24, after more than three months of investigation and deliberation, a local grand jury decided not to indict the white policeman, causing protests to escalate nationwide and leading to sporadic bouts of violence. The chaotic situation compelled President Barack Obama to pledge a thorough federal investigation of the case in spite of the grand jury's decision.

The grand jury system, which was established by the Fifth Amendment to the United States Constitution, differs from the jury system in terms of its organization, its management and its function. Grand juries are not designated for single cases only, members of the grand jury do not need to be approved by lawyers and the proceedings which present the evidence and testimony to a grand jury are conducted behind closed doors without the involvement of judges or opposing counsel.

Because of the confidentiality of the system, prosecutors, who are supposed to have sufficient judicial knowledge to direct the proceedings, have a strong influence over the decision-making process, so a grand jury ultimately acts more like a rubber stamp.

Take the Ferguson shooting for example. After bringing evidence, witnesses and even the suspect before the grand jury, prosecutor Robert P. McCulloch did not advise the grand jury to indict Wilson, which is unusual in this type of judicial proceeding. McCullough's choice sparked wide criticism from the legal community in the U.S. and made him the target of mounting investigation from the media.

According to reports, McCullough submitted evidence in five similar shooting cases to grand juries over the past 23 years, and all the policemen in these cases were not indicted. Investigations by the media also found that McCulloch's father and brothers have all served as policemen in St. Louis and that his father was killed by a black suspect while on duty.

The non-indictment of Wilson triggered huge controversy in the U.S. legal community and beyond, and calls for grand jury system reforms and the appointment of a more independent prosecutor to reinvestigate the case have grown louder.

According to some legal experts, a judge should be involved in the grand jury because his or her suggestions and guidance can help maintain the independence of the jury.

Despite the riots that resulted from the non-prosecution decision made by the grand jury in Missouri, the jury and grand jury systems still form a solid part of the foundation for democracy in the United States. According to 19th-century political theorist Alexis de Tocqueville, the author of "Democracy in America," the jury and grand jury systems are not only judicial organizations, but also political institutions that provide the means for the majority to govern the country.

The incident reminds me of a line from the Bible's Book of Leviticus: "You shall do no unrighteousness in judgment: thou shalt not respect the person of the poor, nor honor the person of the mighty: but in righteousness shalt thou judge thy neighbor."

It is not an exaggeration to say that, in all aspects of American society, there are multiple chances for people to judge their "neighbors" and vice versa.

The author is a lecturer at China University of Political Science and Law.

The article was written in Chinese and translated by Wu Jin.

Opinion articles reflect the views of their authors, not necessarily those of China.org.cn.

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