The Grand Jury in New York Criminal Procedure Law

These flashcards cover key terms and concepts related to the Grand Jury as governed by New York Criminal Procedure Law.

Grand Jury

A body consisting of not less than sixteen nor more than twenty-three persons impaneled by a superior court to hear and examine evidence concerning offenses.

True Bill

A true bill is an indictment voted by the Grand Jury indicating that evidence is sufficient to believe the person committed an offense.

No True Bill

A decision by a Grand Jury that there is insufficient evidence to indict a defendant.

Indictment

A written accusation filed with a superior court charging an individual with the commission of a crime.

N.Y. Criminal Procedure Law § 190.05

Defines the structure and function of the Grand Jury in New York.

Twelve Grand Jurors

The minimum number of jurors required to vote for a true bill to indict.

Sixteen Grand Jurors

The minimum number of jurors that must be present for the Grand Jury to be charged with the law.

Fifth Amendment

Part of the U.S. Constitution stating a person cannot be held to answer for a capital crime without indictment by a Grand Jury.

Reasonable Cause

The level of evidence required for a Grand Jury to believe an offense was committed.

Presentment

Formal presentation of evidence by the prosecution to the Grand Jury.

Prosecutor's Information

Document filed when the Grand Jury directs prosecution on misdemeanor counts.

Witness Testimony

Testimony must be administered under oath in front of the Grand Jury.

Stenographer

A person authorized to transcribe the Grand Jury proceedings.

Criminal Offense

An act punishable by law; the Grand Jury investigates such offenses.

Special Grand Jury

A Grand Jury selected specifically to hear and investigate a particular case.

Grand Jury Chambers

The room where the Grand Jury convenes to deliberate and hear evidence.

Transactional Immunity

Protection from prosecution provided to witnesses who testify before the Grand Jury.

Defendant's Right to Testify

Allows defendants to present their own case before the Grand Jury under certain conditions.

Material Witness

A witness whose testimony is substantial to the case and who can be compelled to testify.

Waiver of Immunity

Consent by a witness to testify without the protection normally afforded by immunity.

Indictment Form

The specific structure and legal requirements of an indictment as defined by law.