In light of the killing of Michael Brown in Ferguson, Mo., should “use of deadly force to arrest” laws be changed? The authors recommend that state statutes be amended to employ an “objective necessity” test in cases involving “deadly force” arrests. This proposed standard would empower grand juries and petit juries to determine if an officer committed a crime — regardless of the officer’s subjective belief that the use of deadly force was necessary.

The grand jury system is broken and in need of reform. The grand jury is a tool of the prosecution, whether that means to indict without evidence or to fail to indict in the face of arguable evidence.

The deaths of unarmed suspects have led to claims of excessive police force and proposals for grand jury reform. North Carolina lawyer J. Michael McGuinness states, however, that people calling for reform are using emotion “to attempt to eradicate long-settled law that strikes a balance between the rights of police officers and suspects.” He adds that due to the proliferation of guns and the necessity of quick police action, some innocent members of the public will inevitably be killed or injured by the police, especially when they make gestures inferring that they are retrieving a weapon.