The Role of Grand Juries in New York State
Understanding Grand Jury Proceedings
A grand jury is a body of citizens responsible for determining whether there is enough evidence to support criminal charges against an individual. In New York State, a grand jury consists of 16-23 sitting jurors drawn from the same pool as trial jurors.
Functions of a Grand Jury
The primary function of a grand jury is to hear evidence and make a decision on whether to indict a suspect. They consider evidence presented by prosecutors and defense attorneys and vote on an indictment, which is a formal accusation of criminal wrongdoing.
Evidence and Witnesses
Grand jury proceedings are confidential, and witnesses are sworn to secrecy. Witnesses are required to provide any legally requested evidence, even if it may tend to incriminate them.
Indictment
If the grand jury finds sufficient evidence, they will vote to indict the suspect. An indictment is not a determination of guilt but rather a finding that there is probable cause to believe a crime has been committed.
Other Options
In addition to voting to indict, a grand jury may also decline to indict or dismiss the case if they find insufficient evidence.
Conclusion
Grand juries play a crucial role in the New York State criminal justice system by ensuring that only those who face substantial evidence of wrongdoing are subjected to criminal prosecution.
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