Grand Juries in New York: Process and Function
Indictment and Evidence
A grand jury in New York will vote to indict an individual if at least 12 grand jurors believe there is sufficient evidence to warrant a trial. The primary function of a grand jury is to assess the evidence presented and determine whether it meets the necessary threshold for prosecution.
Evidence Presentation and Decision-Making
Evidence is presented to the grand jury by the prosecutor, typically through the testimony of witnesses and the examination of documents. The grand jury has the authority to subpoena additional witnesses and documents as necessary. After hearing the evidence, the grand jury deliberates in private and votes to either indict or not indict the accused individual.
Unique Role in the Criminal Justice System
Grand juries play a significant role in the United States criminal justice system. They provide an independent review of evidence and a safeguard against arbitrary or malicious prosecutions. In New York, Article 190 of the Criminal Procedure Law outlines the legal framework governing the operation of grand juries.
Composition and Functioning
Grand juries are composed of 23 citizens who are randomly selected from the community. They hear evidence presented by the prosecution and decide whether to issue an indictment. A unanimous vote is not required for an indictment; at least 12 grand jurors must agree.
Prosecutor's Role
The prosecutor is responsible for presenting evidence to the grand jury and determining what evidence to present. However, the grand jury is not bound by the prosecutor's recommendation and can choose to indict even if the prosecutor does not recommend it.
Questions and Considerations
In New York, there are specific legal requirements for the impanelment and operation of grand juries. Some key questions to consider include: * Why does New York require grand juries? * Who presents evidence to the grand jury? * Who decides what evidence to present?
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