Copyright © 2021 Irene Oritseweyinmi Joe.
 See Darcy Costello & Tessa Duvall, Breonna Taylor Shooting: What Happened the Night Louisville Police Fatally Shot Breonna Taylor, USA Today (May 15, 2020, 8:23 AM), https://www.usatoday.com/story/news/nation/2020/05/15/minute-minute-account-breonna-taylor-fatal-shooting-louisville-police/5196867002 [https://perma.cc/V7UV-24RH].
 See Christina Carrega & Sabina Ghebremedhin, Timeline: Inside the Investigation of Breonna Taylor’s Killing and Its Aftermath, ABC News (Nov. 17, 2020, 11:31 AM), https://abcnews.go.com/US/timeline-inside-investigation-breonna-taylors-killing-aftermath/story?id=71217247 [https://perma.cc/CS9G-G2HG]; Dylan Lovan, ‘Somebody Shot My Girlfriend’: 911 Call in Police Shooting, ABC News (May 28, 2020, 4:12 PM), https://abcnews.go.com/US/wireStory/shot-girlfriend-911-call-police-shooting-70940401 [https://perma.cc/MH3B-84X3]. Officers sought the no-knock warrant to enter Taylor’s apartment because they believed her ex-boyfriend was using her address to mail drugs. Carrega & Ghebremedhin, supra.
 See Lovan, supra note 2.
 See Bailey Loosemore, Breonna Taylor Protests in Louisville: What Activists Want, and What They’ve Accomplished, USA Today (Oct. 2, 2020, 6:01 AM), https://www.usatoday.com/story/news/nation/2020/10/02/breonna-taylor-what-you-need-know-louisville-protests/5879867002 [https://perma.cc/3AUV-KJ56].
 See AG Daniel Cameron Press Conference Transcript September 23: Breonna Taylor Decision, Rev (Sept. 23, 2020), [hereinafter Daniel Cameron Transcript] https://www.rev.com/blog/transcripts/ag-daniel-cameron-press-conference-transcript-september-23-breonna-taylor-decision [https://perma.cc/B7UA-JRCH]; Erik Ortiz, Kentucky AG Daniel Cameron Takes Heat After No Direct Charges Are Filed in Breonna Taylor’s Death, NBC (Sept. 23, 2020), https://www.nbcnews.com/news/us-news/kentucky-ag-daniel-cameron-takes-heat-after-no-direct-charges-n1240886 [https://perma.cc/HYJ3-6L2R].
 See Daniel Cameron Transcript, supra note 5.
 See Breonna Taylor: Police Officer Charged But Not Over Death, BBC News (Sept. 23, 2020), https://www.bbc.com/news/world-us-canada-54273317 [https://perma.cc/C6TS-2KFQ] (noting that the officer was charged with wanton endangerment for firing into a neighbor’s apartment during the raid).
 See, e.g., Charles M. Blow, Breonna Taylor and Perpetual Black Trauma, N.Y. Times (Sept. 24, 2020), https://www.nytimes.com/2020/09/24/opinion/breonna-taylor-black-trauma.html [https://perma.cc/6SAN-W93R] (“In essence, a former officer was charged for the shots that missed [Breonna Taylor].”).
 ABC News, Opening Statements in the Trial of Derek Chauvin, YouTube, at 3:25–5:00 (Mar. 29, 2021), https://www.youtube.com/watch?v=UwDQ30MNVKs [https://perma.cc/J67C-BUNU].
 See Complaint at 1, State v. Chauvin, No. 27-CR-20-12646 (Minn. D. Ct. May 29, 2020). The officer was originally charged with third-degree murder and second-degree manslaughter. Id. The Minnesota State Attorney General later announced upgraded charges of second-degree murder would be sought against the officer. See Max Cohen, Charges Upgraded Against Former Minneapolis Officer Derek Chauvin in George Floyd Death, Politico (June 3, 2020, 4:31 PM), https://www.politico.com/news/2020/06/03/minnesota-charges-3-more-former-officers-in-george-floyd-death-298949 [https://perma.cc/Z5JH-82VE].
 AP, Key Events Since George Floyd’s Arrest and Death, VOA (Mar. 7, 2021), https://www.voanews.com/usa/race-america/key-events-george-floyds-arrest-and-death [https://perma.cc/8N4P-QLRF].
 Alex Johnson, Minnesota Attorney General to Take Over Prosecutions In George Floyd’s Death, NBC News (May 31, 2020, 5:40 PM), https://www.nbcnews.com/news/us-news/minnesota-attorney-general-take-over-prosecutions-george-floyd-s-death-n1220636 [https://perma.cc/QQX7-TWWK]. Ten members of the Minneapolis Delegation wrote to the Governor asking that the jurisdiction over the case be transferred to the Attorney General’s Office. See Press Release, Minnesota House of Representatives, Minneapolis Delegation Sends Letter to Governor Tim Walz (May 29, 2020), https://www.house.leg.state.mn.us/members/profile/news/15468/29981 [https://perma.cc/7KEL-3JCE]. The letter was written in response to public outcry at the local prosecutor suggesting there could be exculpatory evidence exonerating the officers at a press conference. Id. In response to the press conference, many felt concerned that the county attorney’s office could not investigate and prosecute these cases. Id.
 David K. Li, Former Minneapolis Police Officer Derek Chauvin To Be Tried Separately in George Floyd Death Case, NBC News (Jan. 12, 2021, 11:41 AM), https://www.nbcnews.com/news/us-news/former-minneapolis-police-officer-derek-chauvin-be-tried-separately-george-n1253905 [https://perma.cc/YT2U-37E5]. On March 29, 2021, the trial against Derek Chauvin, the officer who knelt on Floyd’s neck, began. Janell Ross & Melissa Chan, ‘America is on Trial’ as Derek Chauvin Faces Justice in the Death of George Floyd, Time (Mar. 29, 2021, 12:12 PM), https://time.com/5950398/derek-chauvin-trial-george-floyd-opening [https://perma.cc/CRT2-MF8Y].
 Gerstein v. Pugh, 420 U.S. 103, 114 (1975) (“Accordingly, we hold that the Fourth Amendment requires a judicial determination of probable cause as a prerequisite to extended restraint of liberty following arrest.”).
 Scholars have described the inherent racialized problems with these decisions. See generally Angela J. Davis, Racial Fairness in the Criminal Justice System: The Role of the Prosecutor, 39 Colum. Hum. Rts. L. Rev. 202 (2007) (noting the role prosecutors play in fostering racial disparities with their charging decisions).
 If the prosecutor makes the evaluation and files the complaint, a court must make its own probable cause determination soon after. Gerstein, 420 U.S. at 114, 118–19. If a grand jury determines probable cause exists, then the court is not required to hold its own subsequent probable cause hearing. Id. at 117 n.20.
 Illinois v. Gates, 462 U.S. 213, 231–32 (1983). There is evidence that the finding for probable cause in Taylor’s case was inadequate and misleading. See Jason Riley, Breonna Taylor Warrant Was ‘Misleading,’ Louisville Police Investigators Find, WDRB (Oct. 7, 2020), https://www.wdrb.com/in-depth/breonna-taylor-warrant-was-misleading-louisville-police-investigators-find/article_5066abb4-08ee-11eb-983a-6f7458a23340.html [https://perma.cc/6ER9-KZGZ].
 Kate Linthicum, Protests Erupt After Grand Jury Does Not Charge Louisville Officers in Killing of Breonna Taylor, L.A. Times (Sept. 23, 2020, 9:03 PM), https://www.latimes.com/world-nation/story/2020-09-23/grand-jury-indictment-in-breonna-taylor-case [https://perma.cc/58EH-QGTK].
 Just. In Pub. Safety Project, NAACP Legal Def. & Educ. Fund, Justice Denied: A Call For A New Grand Jury Investigation Into The Killing Of Breonna Taylor 3 (2020), https://www.naacpldf.org/wp-content/uploads/LDF_10272020_BreonnaTaylor-11.pdf [https://perma.cc/7CU6-4FHM].
 Id. (citing to the grand jury report recordings).
 Justice Denied: An Overview of the Grand Jury Proceedings in the Breonna Taylor Case, Just. in Pub. Safety Project, NAACP Legal Def. & Educ. Fund, https://www.naacpldf.org/justice-denied-a-call-for-a-new-grand-jury-investigation-into-the-police-shooting-of-breonna-taylor [https://perma.cc/A6ZT-Z64G].
 See Ben Terris, Americans Want Justice for George Floyd. Keith Ellison Is in Charge of Getting It., Wash. Post (June 18, 2020, 6:00 AM), https://www.washingtonpost.com/lifestyle/style/americans-want-justice-for-george-floyd-keith-ellison-is-in-charge-of-getting-it/2020/06/17/243ba312-b012-11ea-856d-5054296735e5_story.html [https://perma.cc/KC3M-EBX2]. It is worth considering if this is reflective of Ellison having less connections or partiality to the criminal and law enforcement institutions in Minnesota.
 See Jacob Gershman & Deanna Paul, Criminal Charges in George Floyd’s Death Set Up Legal Battle, Wall St. J. (June 3, 2020, 11:10 PM), https://www.wsj.com/articles/criminal-charges-in-george-floyds-death-set-up-legal-battle-11590791419 [https://perma.cc/448G-9AE6] (noting how quickly prosecutors charged both Derek Chauvin with third-degree murder, manslaughter, and, later, second-degree murder for the killing of Floyd and the other three officers involved in the killing with aiding and abetting second-degree murder).
 See Model Rules of Pro. Conduct r. 3.8 (Am. Bar Ass’n 2018) (requiring prosecutors to “refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause”).
 Rules 8.1–8.5 are contained under the heading “Maintaining the Integrity of the Profession.”
 See id. Model Rules of Pro. Conduct cmt. 1 (Am. Bar Ass’n 2018) (noting that “[a] prosecutor has the responsibility of a minister of justice and not simply that of an advocate,” which carries “specific obligations”).
 See generally id. r. 3.8 (providing several rules for prosecutors, including the disclosure of exculpatory evidence, assuring the defendant is apprised of her rights to counsel, and refraining from certain extrajudicial statements).
 Id. r. 3.8(a). This could also be coupled with the American Bar Association’s adoption of Model Rule 8.4(g) prohibiting attorneys from practicing law in a discriminatory manner. See id. r. 8.4(g).
 See, e.g., Cal. Penal Code § 991(a) (1980) (“If the defendant is in custody . . . and, if the public offense is a misdemeanor to which the defendant has pleaded not guilty, the magistrate, on motion of counsel for the defendant or the defendant, shall determine whether there is probable cause . . . .”); Cal. Penal Code § 995(a) (1982) (providing that, upon the defendant’s motion, a California trial court shall set aside the indictment or information if the defendant has been indicted or committed “without reasonable or probable cause”).
 “The Supreme Court’s decision in Brady v. Maryland requires the prosecution to disclose evidence that establishes the defendant’s factual innocence during a trial.” Michael Nasser Petegorsky, Note, Plea Bargaining in the Dark: The Duty to Disclose Exculpatory Brady Evidence During Plea Bargaining, 81 Fordham L. Rev. 3599, 3599 (2014) (discussing Brady v. Maryland, 373 U.S. 83 (1963)). Because the right protects the fairness of a trial, the prosecutor’s obligation to disclose material exculpatory evidence does not cease with a court’s probable cause determination. See id. Numerous writers have argued that prosecutors’ obligations under Brady also apply during the plea bargaining phases. Id. at 3641. See generally Colin Miller, The Right to Evidence of Innocence Before Pleading Guilty, 53 U.C. Davis L. Rev. 271 (2019) (arguing that under the caselaw that inspired Brady, prosecutors have an obligation during the plea bargaining context to disclose exculpatory evidence).
 See Disbar, Legal Info. Inst. (May 2020), https://www.law.cornell.edu/wex/disbar [https://perma.cc/VTV5-5W4C] (“Causes of disbarment may include: a felony involving ‘moral turpitude,’ forgery, fraud, a history of dishonesty, consistent lack of attention to clients . . . or any pattern of violation of the professional code of ethics.”).
 This rule has met with both substantial support and fierce opposition. See Irene Oritseweyinmi Joe, Regulating Implicit Bias in Federal Criminal Process, 108 Calif. L. Rev. 965, 976 (2020) (explaining how federal courts should account for this rule in their courtroom procedures). Maine, Missouri, New Hampshire, New Mexico, Pennsylvania, and Vermont adopted some variation of 8.4(g) after 2016. Me. Rules of Pro. Conduct r. 8.4(g) (Bd. Overseers Bar 2019); Mo. Rules of Pro. Conduct r. 8.4(g) (Mo. Sup. Ct. 2019); N.H. Rules of Pro. Conduct r. 8.4(g) (N.H. Bar Ass’n 2019); N.M. Rules of Pro. Conduct r. 16-804(g) (N.M. Sup. Ct. 2019); Penn. Rules of Pro. Conduct r. 8.4(g) (Penn. Sup. Ct. 2020); Vt. Rules of Pro. Conduct r. 8.4(g) (Vt. Sup. Ct. 2017). Others have adopted comments regarding discrimination. See Am. Bar Ass’n, Jurisdictional Adoption of Rule 8.4(g) of the ABA Model Rules of Professional Conduct 1–7 (2019), https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/chart_adopt_8_4_g.pdf [https://perma.cc/8CZB-N6FT]. Several states, however, have versions of rules that preexist 8.4(g), but guard against discrimination by attorneys in at least some contexts. See, e.g., Calif. Rules of Pro. Conduct r. 8.4.1 (State Bar of Calif. 2018); Colo. Rules of Pro. Conduct r. 8.4(g) (Colo. Bar Ass’n 2020); Fla. Rules of Pro. Conduct r. 4-8.4(d) (Fla. Bar 2018); Ill. Rules of Pro. Conduct r. 8.4(d) & cmt. 3 (Sup. Ct. Ill. 2010). Several states have explicitly rejected Model Rule 8.4g. Kim Colby, South Dakota Supreme Court Rejects a Version of ABA Model Rule 8.4(g), Federalist Soc’y (Mar. 12, 2020), https://fedsoc.org/commentary/fedsoc-blog/south-dakota-supreme-court-rejects-a-version-of-aba-model-rule-8-4-g [https://perma.cc/JJ48-6WPX] (At least thirteen states are known to have rejected, or abandoned efforts to adopt, a version of ABA Model Rule 8.4(g): Alaska, Arizona, Idaho, Illinois, Louisiana, Minnesota, Montana, Nevada, North Dakota, South Carolina, South Dakota, Tennessee, and Texas.). The arguments in opposition to this rule focus primarily on First Amendment implications and a potential chilling effect on freedom of speech. See Joseph Brophy, ABA Rule 8.4(g) Struck Down by Federal Court, Maricopa Law. (Jan. 2021), https://www.jhc.law/wp-content/uploads/sites/1600623/2021/01/ABA-Rule-8-4-g-Struck-Down-by-Federal-Court.pdf [https://perma.cc/4GJQ-TXU5].
 See K. Babe Howell, Prosecutorial Discretion and the Duty to Seek Justice in an Overburdened Criminal Justice System, 27 Geo. J. Legal Ethics 285, 287 (2014) (“[C]hief prosecutors [should] . . . decline to prosecute minor offenses where arrest patterns show a disparate impact on racial minorities or where overburdened prosecutors and courts cannot provide procedural justice.”).
 See United States v. Armstrong, 517 U.S. 456, 464–66 (1996) (discussing prosecutorial charging discretion and the elements of a selective prosecution claim); Alanna Durkin Richer, AP Explains: Powerful Grand Juries Stay Shrouded in Secrecy, AP (Sept. 24, 2020), https://apnews.com/article/breonna-taylor-shootings-police-juries-courts-ae8527aa406ea4c7dd35fac4f7203f66 [https://perma.cc/REW6-CXX9] (“But critics [of grand jury secrecy] say the secrecy makes it impossible for the public to scrutinize the work of the prosecutors and hold them accountable and creates the impression that the process is unfair.”).
 See Just. in Pub. Safety Project, supra note 19, at 3.
 For further examples of this, see the discussion infra Part III.
 See generally Adam Benforado, The Geography of Criminal Law, 31 Cardozo L. Rev. 823, 846–48 (2010) (describing the various factors that can produce crime in a neighborhood).
 See, e.g., Charging Decision, Denver DA, https://www.denverda.org/charging-decision [https://perma.cc/V8KJ-JJMK] (“If a determination is made that the facts do not support a reasonable belief the charge can be proven beyond a reasonable doubt, there is a legal and ethical duty to decline to file charges.”).
 See generally In re Winship, 397 U.S. 358 (1970) (upholding the beyond reasonable doubt standard as required by the Due Process Clause of the Fifth and Fourteenth Amendments).
 See Leah Asmelash, How Black Lives Matter Went from a Hashtag to a Global Rallying Cry, CNN (July 26, 2020, 2:00 PM), https://www.cnn.com/2020/07/26/us/black-lives-matter-explainer-trnd/index.html [https://perma.cc/65D7-FJK5] (documenting the contemporary origins and evolution of the Black Lives Matter movement).
 This could be done by simply keeping records of whether a police officer was responding to a call from a witness to criminal behavior or just approached the defendant as part of a patrol. The prosecutor could question the police officer about what led them to patrol the area and compare patrolling decisions to other neighborhoods.
 Nardone v. United States, 308 U.S. 338, 341 (1939).
 Radley Balko, There’s Overwhelming Evidence that the Criminal Justice System Is Racist. Here’s the Proof., Wash. Post (June 10, 2020), https://www.washingtonpost.com/graphics/2020/opinions/systemic-racism-police-evidence-criminal-justice-system/#Policing [https://perma.cc/ZT7F-RKQ8]; see also I. Bennett Capers, Against Prosecutors, 105 Cornell L. Rev. 1561, 1563–67 (2020) (criticizing prosecutors for their role in a highly flawed criminal justice system); George L. Kelling, Nat’l Inst. of Just., Research Report: “Broken Windows” and Police Discretion iii (1999) (seeking to “understand better why officers make arrests in some circumstances and not others”); id. at 51 (suggesting an approach by which police identify neighborhood priorities and rank problems within those priorities, then consider tactical options depending on resources of neighborhoods).
 Kim Forde-Mazrui, Ruling Out the Rule of Law, 60 Vand. L. Rev. 1497, 1512–16 (2007); Jillian K. Swencionis & Phillip Atiba Goff, The Psychological Science of Racial Bias and Policing, 23 Psych. Pub. Pol’y & L. 398, 399–400 (2017) (noting significant discretion is a risk factor for discriminatory behavior).
 See generally Debra Livingston, Police Discretion and the Quality of Life in Public Places: Courts, Communities, and the New Policing, 97 Colum. L. Rev. 551 (1997) (explaining a new form of policing oriented around problem-solving and how it relates to a traditional understanding of police discretion).
 See Monica C. Bell, Police Reform and the Dismantling of Legal Estrangement, 126 Yale L.J. 2054, 2145 (2017) (describing a process by which police may engage with minority communities in an effort to reckon with and ameliorate prior police misconduct).
 Legal estrangement, which details the tense relationship between law enforcement and people in poor communities of color, describes a theory of detachment and alienation in law enforcement. See generally Bell, supra note 47 (introducing and developing the theory of legal estrangement). The perception of this type of regulatory regime is backed by evidence. Social science clearly articulates the risk of bias in all forms of decision-making. See L. Song Richardson & Phillip Atiba Goff, Implicit Racial Bias in Public Defender Triage, 122 Yale L.J. 2626, 2628, 2634–41 (2013) (detailing how even well-meaning public defenders make decisions influenced by racial bias). The policing environment, and the types of discretionary decisions that occur in such an environment, are fertile territory for racial bias. In an important article about racial bias and policing, Professors Jillian K. Swencionis and Phillip Atiba Goff describe five situational risk factors for racial bias in policing. Swencionis & Goff, supra note 45, at 398. These risk factors are discretion, novice status, crime focus, cognitive demand, and identity threats. Id.
 See Bruce A. Green, Urban Policing and Public Policy – The Prosecutor’s Role, 51 Ga. L. Rev. 1179, 1180 (2017).
 For an explanation of various ways prosecutors can use their discretion in racially biased ways, see generally Angela Davis, In Search of Racial Justice: The Role of the Prosecutor, 16 N.Y.U. J. Legis. & Pub. Pol’y 821 (2013) (describing ways in which prosecutor’s discretionary decisions play a role in “creating and maintaining the racial disparities in the criminal justice system”).
 See Green, supra note 49, at 1201.
 See, e.g., Ashley Southall, Police Body Cameras Cited as ‘Powerful Tool’ Against Stop-and-Frisk Abuses, N.Y. Times (Nov. 30, 2020), https://www.nytimes.com/2020/11/30/nyregion/nypd-body-cameras.html [https://perma.cc/8RNT-9YTF] (“Police body cameras can help reduce the kind of bogus stops that have fueled accusations of racial bias and harassment against police officers in New York City, according to a long-awaited report released Monday.”).
 See id.; Chaz Arnett, Race, Surveillance, and Resistance, 81 Ohio St. L.J. 1103, 1104–06 (2020).
 See Irene Oritseweyinmi Joe, Regulating Mass Prosecution, 53 U.C. Davis L. Rev. 1175, 1211–22 (2020).
 See Hurtado v. California, 110 U.S. 516, 538 (1884).
 See id. at 534, 538. Some state constitutions require the grand jury for certain criminal cases. See, e.g., Ala. Const. art. I, § 8 (requiring grand jury for cases involving capital punishment); Fla. Const. art. 1, § 15 (requiring the grand jury for capital crimes).
 See 4 Wayne R. LaFave et al., Criminal Procedure § 15.1(d), (g) (4th ed., updated Dec. 2020).
 Ky. Const. § 12.
 Minn. R. Crim. P. 18.01.
 As Professor Hershini Bhana Young notes,
The overlap between performance and the law might seem obvious in today’s age of trials as public spectacles. Less obvious are the ways in which the law, facing large-scale, state-sanctioned historical injustices, has put performance to work . . . [resulting] in a subtle shift of emphasis away from judgment and punitive sentencing as the end point of legal proceedings.
Cf. Hershini Bhana Young, Performing the Abyss: Octavia Butler’s Fledgling and the Law, 47 Stud. Novel 210, 210 (2015) (citations omitted).
 Kenworthey Bilz & Janice Nadler, Chapter 3: Law, Psychology, and Morality, in 50 Psychology of Learning & Motivation 101, 101, 122 (2009) (“People see legal regulation of behaviors as a way to define the bounds of good citizenship and to condemn those who do not share their worldview.”); see also Sandra G. Mayson, The Concept of Criminal Law, 14 Crim. L. & Phil. 447, 449 (2020) (defining criminal law as a mechanism of collective condemnation used to enact a polity’s shared moral code).
 Although it is sometimes a sole representative of the government who acts as the prosecutor in bringing forward the criminal charges, the process expects the actor to represent the community’s interests in doing so and not just their own sense of what is appropriate.
 See Note, Restoring Legitimacy: The Grand Jury as the Prosecutor’s Administrative Agency, 130 Harv. L. Rev. 1205, 1209 (2017) (“As a traditional aspect of grand juries, secrecy has been justified by the rationales of avoiding giving the accused a chance to flee, protecting the reputation of the accused prior to an indictment, preventing witness tampering or harassment, and fostering uninhibited juror deliberation and investigation.”).
 Id.; Richer, supra note 35.
 Restoring Legitimacy, supra note 64, at 1208 (“The complete prosecutorial control over the grand jury—particularly over the flow of information and grand jury procedure—solidifies the grand jury’s dependence on the prosecutor.”).
 Id. at 1222–23 (proposing as a reform to the grand jury process that a “grand jury representative could be required, as independent counsel, to inform the grand jury of lesser charges, which would allow the jury to become more engaged in the process of formulating charges”).
 A prosecutor might choose to use a grand jury to obtain an indictment if they are not convinced a judge will support their charging decision. The grand jury process allows the prosecutors to move forward on a case without a finding of probable cause by a judge as a neutral arbiter of the proceedings. “The most important factor in the grand jury’s probable cause determination is the evidence presented during the proceedings, and the prosecutor is the sole source of the evidence upon which the grand jury must decide whether to indict.” Id. at 1208. As a result, “there is a growing perception that grand juries are the prosecutor’s sword—to be used in furtherance of governmental goals—while acting as the prosecutor’s shield from the prying eyes of the public.” Id. at 1209.
 See, e.g., Ric Simmons, The Role of the Prosecutor and the Grand Jury in Police Use of Deadly Force Cases: Restoring the Grand Jury to Its Original Purpose, 65 Clev. St. L. Rev. 519, 519, 530 (2017) (“[P]rosecutors should feel compelled to use the grand jury to assist them in their exercise of prosecutorial discretion. Some prosecutors, like Robert McCullough in Ferguson, have recognized the value of grand juries in these situations, but most prosecutors have not.”).
 Id. at 524–25 (“[T]he lower indictment rates in cases involving police lethal use of force are evidence that prosecutors are using the grand juries to perform some other function . . . as [a] political cover . . . [or] to guide her exercise of prosecutorial discretion . . . .”).
 Id. at 526–27.
 Id. at 526.
 Id. at 526–27.
 Freddie Gray’s case ended with no convictions for any of the police officers charged in his death. Kevin Rector, Charges Dropped, Freddie Gray Case Concludes with Zero Convictions Against Officers, Balt. Sun (July 27, 2016, 8:57 PM) [hereinafter Charges Dropped], https://www.baltimoresun.com/news/crime/bs-md-ci-miller-pretrial-motions-20160727-story.html [https://perma.cc/KD27-FN6Y]. Officer Edward Nero, charged with second-degree assault, was acquitted of all charges on May 23, 2016. Justin Fenton & Kevin Rector, Freddie Gray Case: Baltimore Police Officer Edward Nero Found Not Guilty of All Charges, Balt. Sun (May 23, 2016, 8:07 PM), https://www.baltimoresun.com/news/crime/bs-md-ci-nero-verdict-20160521-story.html [https://perma.cc/38Z2-4PRA]. Officer Caesar Goodson, who picked up seven charges including second-degree depraved heart murder, was acquitted of all seven charges on June 23. Justin Fenton & Kevin Rector, Freddie Gray Case: Officer Caesar Goodson Jr. Not Guilty on All Charges, Balt. Sun (June 23, 2016, 9:01 PM), https://www.baltimoresun.com/news/crime/bs-md-ci-goodson-verdict-20160623-story.html [https://perma.cc/QFL3-FAY3]. Lieutenant Brian Rice, with four counts including involuntary manslaughter, was acquitted on July 18. Kevin Rector, Judge Acquits Lt. Brian Rice of All Charges in Freddie Gray Case, Balt. Sun (July 18, 2016, 7:32 PM), https://www.baltimoresun.com/news/crime/bs-md-ci-rice-verdict-20160718-story.html [https://perma.cc/8WQZ-YSMG]. Officer Garrett Miller, charged with three counts the worst of which was second-degree assault, had all charges dropped on July 27. Charges Dropped, supra. For Officer William Porter, who was facing a charge of involuntary manslaughter on top of three others, the judge declared a mistrial in December; seven months later on July 27, prosecutors dropped all charges. Id. The same day, prosecutors dropped all charges against Sergeant Alicia White who was facing, among others, a charge of involuntary manslaughter. Id.
 See Simmons, supra note 69, at 527.
 See Vanessa Romo, Justice Department Declines to Prosecute Cleveland Officers in Death of Tamir Rice, NPR (Dec. 29, 2020, 6:27 PM), https://www.npr.org/2020/12/29/951277146/justice-department-declines-to-prosecute-cleveland-officers-who-killed-tamir-ric [https://perma.cc/79S8-QWT9].
 See David A. Graham, ‘Probable Cause’ in the Killing of Tamir Rice, Atlantic (June 11, 2015), https://www.theatlantic.com/politics/archive/2015/06/tamir-rice-case-cleveland/395420 [https://perma.cc/F24Q-UTTM]. The Municipal Court judge concluded that the officer responsible for killing Tamir Rice should be charged with several crimes, noting the court was “thunderstruck at how quickly this event turned deadly.” Id.
 See Simmons, supra note 69, at 527–28. As Simmons explains, when a prosecutor does not want to pursue a case, but does not have the political will to make that decision, they may present a weak case to a grand jury. Id. at 527. In these cases, the grand jury is led to issue a no true bill. Id. Simmons argues this was the case with respect to McGinty’s decisions regarding Tamir Rice’s killing. Id. Several people present at the grand jury proceedings later criticized the prosecutors’ presentation of the case, with some likening the prosecutors to defense attorneys working on behalf of the officers. Id.; see also Sean Flynn, The Tamir Rice Story: How to Make a Police Shooting Disappear, GQ (July 14, 2016), https://www.gq.com/story/tamir-rice-story [https://perma.cc/2RE3-EUZ3].
Interestingly enough, both Kentucky and Ohio require a grand jury indictment for all felony cases. Ky. Const. § 12; Ohio Const. art. I, § 10; Ohio R. Crim. P. 7(a).
 Simmons, supra note 69, at 528.
 Id. at 528–29.
 See Erik Eckholm, Witnesses Told Grand Jury That Michael Brown Charged at Darren Wilson, Prosecutor Says, N.Y. Times (Nov. 24, 2014), https://www.nytimes.com/2014/11/25/us/witnesses-told-grand-jury-that-michael-brown-charged-at-darren-wilson-prosecutor-says.html [https://perma.cc/PP7U-EU25].
 Simmons, supra note 69, at 529.
 Some of these consequences have been clearly outlined in the arrest context. See generally Eisha Jain, Arrests as Regulation, 67 Stan. L. Rev. 809 (2015) (describing a range of consequences—deportation, eviction, license suspension, custody disruption, and adverse employment actions simply from the commencement of a criminal process and before conviction).
 Simmons, supra note 69, at 525.
 See In re Winship, 397 U.S. 358, 364 (1970).
 See, e.g., United States v. Calandra, 414 U.S. 338, 354 (1974) (declining to extend the exclusionary rule to grand jury proceedings).
 See, e.g., United States v. Williams, 504 U.S. 36, 50 (1992). (“[A]ny power federal courts may have to fashion, on their own initiative, rules of grand jury procedure is a very limited one, not remotely comparable to the power they maintain over their own proceedings.”).
 This reasoning recalls the historical understanding of how mass incarceration in D.C. resulted, at least in part, by the Black community’s desire to be seen as worth being cared for by law enforcement – a way of showing their lives and safety mattered. See generally James Forman, Jr., Locking Up Our Own: Crime And Punishment In Black America (2017) (noting how Black leaders in positions of power supported the “War on Crime” in response to a rise in crime and drug addiction). Support for increased incarceration and harsher sentencing, which knowingly and predominantly impacted Black citizens, was influenced by a desire to both attack gun violence in the Black community and force officials to recognize and address the value of Black victims and lives. Id. at 60–64. For example, activists in favor of mandatory sentencing felt that the sentencing laws on the books were “largely disobeyed and ignored by the judges and prosecutors,” citing how only 7.6 percent of those convicted of illegal gun possession had received jail time during that period. Id. at 60.
 Types of Juries, U.S. Cts., https://www.uscourts.gov/services-forms/jury-service/types-juries [https://perma.cc/J42V-FRTK].
 Defense attorneys are not required in grand jury proceedings and prosecutors are permitted to present, or decline to present, any evidence they feel is appropriate for the grand jury to make their charging decision.
 There may be some civil redress—such as the $12 million dollar settlement for Breonna Taylor’s death—but absent the prosecutor pursuing a preliminary hearing or convening another grand jury, both unlikely given the prosecutor’s decision impacting the initial grand jury determination, there are no remedies using the criminal process. See Rukmini Callimachi, Breonna Taylor’s Family to Receive $12 Million Settlement from City of Louisville, N.Y. Times (Oct. 2, 2020), https://www.nytimes.com/2020/09/15/us/breonna-taylor-settlement-louisville.html [https://perma.cc/BY6W-K8GM].
 Simmons, supra note 69, at 526, 528.
 These could be similar to the conviction integrity units that are increasingly becoming a part of progressive prosecutor platforms. See, e.g., Anthony C. Thompson, Retooling and Coordinating the Approach to Prosecutorial Misconduct, 69 Rutgers U.L. Rev. 623, 667–80 (2017) (describing conviction integrity units in Dallas, Manhattan, and Brooklyn).
 Since the murder of Trayvon Martin, and long before, the United States has seen an uptick in widespread notoriety around the deaths of unarmed Black people. See Steve Martinot, On the Epidemic of Police Killings, 39 Soc. Just. 52, 52–53 (2014). In 2012, Trayvon Martin, a Black teenager walking home, was followed and subsequently shot by a layperson adopting the role of law enforcement through neighborhood watch. His killer was subsequently acquitted. Martinot, supra, at 88. In 2014, Eric Garner was killed by New York police after being put into a choke hold on the suspicion of selling loose cigarettes. He uttered “I can’t breathe” eleven times during the altercation. Breonna Taylor: Timeline of Black Deaths Caused by Police, BBC News (Jan. 6, 2021) [hereinafter Timeline of Black Deaths], https://www.bbc.com/news/world-us-canada-52905408 [https://perma.cc/BQ4S-25NL]. That same year 18-year-old unarmed Michael Brown was shot six times by police in Ferguson, Missouri, for allegedly stealing a box of cigars. Id. The officer was not prosecuted. Id. Only three months later, 12-year-old Tamir Rice was shot dead in Cleveland, Ohio, after reports came in about a “juvenile” pointing a confirmed toy gun in the park. The officer faced no charges. Id. In 2015, Sandra Bland, a Black woman from Chicago, was found hanged in her jail cell after a confrontational traffic stop in Texas. Id. Though her death did not come by way of gunshot, her death was nonetheless the result of law enforcement decisions. David Montgomery, Sandra Bland, It Turns Out, Filmed Traffic Stop Confrontation Herself, N.Y. Times (May 7, 2019), https://www.nytimes.com/2019/05/07/us/sandra-bland-video-brian-encinia.html [https://perma.cc/8AUF-Z5NN]. In 2016, Alton Sterling and Philando Castile were killed only a day apart at the hands of law enforcement; the latter shot during a routine traffic stop as he reached for his license with his girlfriend and daughter in the car. Timeline of Black Deaths, supra. A month later, 23-year-old Korryn Gaines and her five-year-old child were both shot in their home by Baltimore police as the incident was live-streamed on social media; while her son survived, Korryn was killed. AP, Police Officer Will Not Be Charged in Fatal Shooting of Korryn Gaines, Guardian (Sept. 22, 2016), https://www.theguardian.com/us-news/2016/sep/22/korryn-gaines-fatal-police-shooting-baltimore-no-charges [https://perma.cc/7YFS-UCCZ]. In 2018, Stephon Clark was gunned down by Sacramento police in his grandmother’s yard for holding a cellphone; the police alleged they thought it was a weapon and were not charged. Timeline of Black Deaths, supra. In 2019, 23-year-old Elijah McClain was stopped by police while walking home, put into a now-illegal chokehold, and was then injected with ketamine. Elijah subsequently died following the encounter. Lucy Tompkins, Here’s What You Need to Know About Elijah McClain’s Death, N.Y. Times (Feb. 23, 2021), https://www.nytimes.com/article/who-was-elijah-mcclain.html [https://perma.cc/Z4TJ-88GM]. Similar to Sandra Bland, Elijah’s death did not come from a bullet, but was otherwise the result of a police encounter. Finally, in 2020, Ahmaud Arbery, a 25-year-old Black man out for a jog, was pursued by two armed laypersons adopting the role of law enforcement who ultimately shot and killed him. It was three months before the perpetrators were charged. Richard Fausset, Two Weapons, a Chase, a Killing and No Charges, N.Y. Times (Feb. 28, 2021), https://www.nytimes.com/2020/04/26/us/ahmed-arbery-shooting-georgia.html [https://perma.cc/UUS9-VTRK]. While Arbery’s murder, like Trayvon Martin’s, did not come at the hands of law enforcement, but instead those acting in such capacity, every other killing here involved licensed law enforcement. While this list notes some of the more widely protested deaths of Black people killed by law enforcement or those acting in its capacity, the list is certainly not exhaustive. See In Memoriam: I Can’t Breathe, Renée Ater (Mar. 2, 2021), https://www.reneeater.com/on-monuments-blog/2020/5/29/in-memoriam-i-cant-breathe [https://perma.cc/2D28-X9VB].