Grand Jury Procedures in New York State: A Comprehensive Guide
Eligibility and Selection of Grand Jurors
In New York State, grand jurors are drawn from the same pool of potential jurors as trial jurors. To be eligible, individuals must be:
- 18 years of age or older
- United States citizens
- Residents of the county where they are summoned to serve
There are no automatic exemptions or excuses from jury service.
Functions of the Grand Jury
Grand juries are responsible for hearing evidence presented by prosecutors and taking actions regarding the evidence, including:
- Issuing indictments, which formally charge individuals with crimes
- Reducing charges from felonies to misdemeanors if there is insufficient evidence for a felony conviction
- Conducting independent investigations
Voting Requirements
At least 12 grand jurors must vote in favor of an indictment. The grand jury can also find that there is not enough evidence for a felony but that there is enough evidence for a misdemeanor.
Process and Procedures
Grand jury proceedings are confidential and closed to the public. Jurors are sworn to secrecy and are not allowed to discuss the proceedings with anyone outside the jury room. The prosecutor presents evidence and calls witnesses to support the charges. The defendant does not have the right to be present at the grand jury proceedings or to have an attorney present.
Witness Immunity
Witnesses who testify before the grand jury are granted immunity from prosecution for any statements they make, except for perjury.
Role of the Defendant
Defendants have the right to waive their right to a grand jury hearing. This is known as an "SCI waiver," and it means that the defendant will be charged by a superior court information rather than an indictment. In New York, felony cases must be presented to the grand jury unless the defendant specifically waives this requirement.
No comments :
Post a Comment