Did the Justice System Fail Michael Brown?

Nancy Gertner, a retired U.S. district court judge, shares her thoughts on the grand jury not indicting Darren Wilson for fatally shooting unarmed teen Michael Brown in Ferguson, Missouri.

Monday, a grand jury decided not to indict a police officer for fatally shooting an unarmed teen in Ferguson, Missouri.

Protests have been held nationwide, and across New England, after people learned Darren Wilson would not be charged in the death of Michael Brown.

Tuesday, retired U.S. district court judge Nancy Gertner weighed in on the decision when she joined Jim Braude on Broadside.

"Most of the time, a grand jury would indict just about anyone the prosecutor wants - it's always one-sided," said Gertner. "In this situation, because of the politics, it was an incredibly, arguably, fair proceeding - he put on both sides and, as I understand it, didn't ask for an indictment of anyone."

But was Wilson, in fact, justified in shooting Brown to death?

"An officer is privileged to use deadly force, but it has to be proportionate - it can't be excessive," said Gertner. "The notion of 12 shots for an unarmed person, whose crime, at least at the beginning of this encounter ... is troubling."

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