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The Grand Jury: A Key Player in the New York Criminal Legal System
Understanding the Role of a Grand Jury
A grand jury is a group of citizens who are tasked with reviewing evidence and determining whether there is enough probable cause to charge someone with a crime. In New York, a grand jury consists of 23 people, and an indictment requires the vote of at least 12 grand jurors.
How Grand Juries Work in New York
The grand jury process begins when a prosecutor presents evidence to the jury. The evidence can include witness testimony, physical evidence, and documents. The grand jury then hears the evidence and decides whether to issue an indictment. If the grand jury votes to indict, the defendant will be charged with a crime and will stand trial.
The Importance of Grand Juries
Grand juries play a vital role in the criminal justice system. They help to ensure that people are not charged with crimes without sufficient evidence. Grand juries also protect the rights of the accused by providing a check on the power of the prosecutor.
Who Presents Evidence to the Grand Jury?
In New York, the prosecutor is responsible for presenting evidence to the grand jury. The prosecutor can call witnesses, introduce physical evidence, and present documents. The grand jury can also request additional evidence from the prosecutor.
Who Decides What Evidence to Present?
The prosecutor decides what evidence to present to the grand jury. The prosecutor must present all of the evidence that is relevant to the case, but the prosecutor can decide how to present the evidence and what witnesses to call.
Article 190 - NY Criminal Procedure Law
Article 190 of the New York Criminal Procedure Law governs grand jury proceedings. This article sets forth the procedures for selecting grand jurors, conducting grand jury hearings, and issuing indictments.
Conclusion
Grand juries play a major role in the US. They help to ensure that people are not charged with crimes without sufficient evidence. They also protect the rights of the accused by providing a check on the power of the prosecutor.
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