The Grand Jury in New York Criminal Procedure Law

The Grand Jury

Definition and Composition

  • N.Y. Criminal Procedure Law § 190.05 defines the Grand Jury as:

    • A body consisting of not less than 16 nor more than 23 persons.

    • Impaneled by a superior court.

    • Functions:

      • To hear and examine evidence regarding offenses and misconduct

      • To take action regarding such evidence.

  • Grand Jury Composition: 23 members total with specific voting requirements:

    • At least 16 must be present to charge the jury with the law (N.Y. Criminal Procedure Law § 190.25 (1)).

    • Requires a minimum of 12 jurors to vote a ‘true bill’.

    • A ‘true bill’ signifies that evidence is legally sufficient to establish probable cause for the offense (N.Y. Criminal Procedure Law § 190.65 (1)).

Voting Outcomes

  • True Bill:

    • Indicates that the evidence is adequate for an indictment which must be filed (N.Y. Criminal Procedure Law § 190.65 (3)).

  • No True Bill:

    • Indicates insufficient evidence, leading to case dismissal (N.Y. Criminal Procedure Law § 190.75).

    • New evidence may allow for re-presentation with court approval (N.Y. Criminal Procedure Law § 190.75 (3)).

  • Affirmative Votes:

    • Can be on some counts or all, directing the prosecution actions (N.Y. Criminal Procedure Law § 195.70).

    • Can issue reports, though rare, concerning public office misconduct (N.Y. Criminal Procedure Law § 190.85).

  • Juror Voting:

    • If jurors elect not to vote, this results in no action being taken by the Grand Jury.

    • Allows for additional presentations within the same term without explicit dismissal.

Grand Jury Mechanics and Rights

  • Constitutional Rights:

    • The Fifth Amendment refers to the right to a Grand Jury but is not incorporated at the state level.

    • New York State Constitution Article One, Section Six mandates Grand Jury for infamous offenses.

  • N.Y. Criminal Procedure Law § 190.55 states:

    • Prosecutors may present evidence of felonies or certain misdemeanors and misconduct by public servants.

    • Felonies: Typically presented unless waived by the defendant.

Jury Selection and Process

  • Jury Duty:

    • Prospective Grand Jurors receive notifications from the Commissioner of Jurors and are questioned for selection.

    • Sworn in by a New York Supreme Court Justice and instructed.

  • **Term Structure: **

    • Grand Jurors selected for each of 13 administrative terms, each lasting four weeks.

    • Special Grand Jury:

      • May be formed for specific investigations and operates differently from regular Grand Juries (N.Y. Criminal Procedure Law § 190.15).

Witness Testimony and Oath

  • Witnesses are administered an oath to tell the truth (N.Y. Criminal Procedure Law § 190.25 (2)).

  • Grand Jurors serve as fact-finders, while the court/prosecutor advise legally (N.Y. Criminal Procedure Law § 190.25 (5)-(6)).

  • Proceedings are recorded, except for deliberations.

Investigating Public Officials

  • Grand Jury may investigate public servant misconduct and issue reports (N.Y. Criminal Procedure Law § 190.85).

  • Reports can lead to recommendations for removal or disciplinary action.

  • Confidentiality maintained until judicial permission for disclosure.

Grand Jury Confidentiality

  • Sealed Proceedings:

    • Proceedings and evidence generally remain sealed to protect disclosure (N.Y. Criminal Procedure Law § 190.25 (4)(a)).

    • Only specific individuals permitted in the Grand Jury chamber during testimony.

    • Results of no true bill or lack of indictment will remain sealed unless ordered by a court.

Standard for Indictment

  • Prosecution must demonstrate reasonable cause through non-hearsay evidence, akin to arrest standards.

  • Grand Jury must be charged once prima facie evidence is presented; withdrawal has the effect of dismissal.

Witness Involvement in Grand Jury

  • Witnesses can be compelled to testify. However, they have immunity for testimony related to incrimination (N.Y. Criminal Procedure Law § 190.40).

  • Compliance with a Grand Jury subpoena is mandatory, with specified conditions.

  • Prosecution must be cautious to protect witness rights to avoid inadvertently immunizing undesirable individuals.

Defendant’s Rights and Testimony

  • Defendants can request testimony in the Grand Jury if properly notified, with waiver of immunity required.

  • Defendant's right to testify must be protected; otherwise, prosecutorial error can lead to indictment dismissal.

  • Considerations for defendants include the ability to call their own witnesses, subject to prosecution approval.

Indictment Process

  • If the Grand Jury votes to indict, the prosecutor drafts an indictment signed by both the District Attorney and the foreperson.

  • Indictments must follow specific forms and contain essential information (N.Y. Criminal Procedure Law § 200.10).

  • Indictments supersede previous complaints, initiating formal prosecution.

Special Considerations for Indictments

  • Indictments can be sealed if the defendant has not been arrested (affecting their criminal record).

  • Indictments may need to specify various details about the charge without infringing on a defendant’s rights.

  • Special information documents clarify prior offenses but are separate from the indictment, ensuring clarity and compliance with legal standards.

  • Indictments can be superseded, requiring a new Grand Jury presentation only for newly added offenses or in response to legal challenges.

Waiving Indictment Rights

  • Defendants can waive their rights to an indictment and enter a plea, termed a Superior Court Information (SCI).

  • The SCI adheres to similar standards as an indictment but is initiated by the District Attorney rather than a Grand Jury.

  • Defendants must be given all rights information, and the process requires proper documentation and procedures to ensure the waiver is valid.