The Grand Jury and Its Role in the NY Criminal Legal System
Introduction
The grand jury is a body of citizens that is tasked with determining whether there is enough evidence to indict a person for a crime. In the NY criminal legal system, the grand jury plays a critical role in screening out cases that lack sufficient evidence, thereby protecting the rights of the accused.
Functions of the Grand Jury
The primary function of the grand jury is to review evidence and determine whether there is probable cause to believe that a person has committed a crime. If the grand jury finds that there is sufficient evidence, it will issue an indictment, which is a formal accusation that charges the person with a crime.
The grand jury also has the power to subpoena witnesses and documents, and to compel testimony. This power allows the grand jury to gather all of the evidence necessary to make a informed decision about whether to indict.
Procedures of the Grand Jury
Grand jury proceedings are secret, and the public is not allowed to attend. This secrecy is designed to protect the privacy of the accused and to ensure that the grand jury is able to deliberate freely without outside influence.
The grand jury is composed of 23 citizens who are selected randomly from the voter registration list. The grand jury is presided over by a judge, who instructs the grand jury on the law and ensures that the proceedings are conducted fairly.
To issue an indictment, the grand jury must vote by a majority of at least 12 jurors. If the grand jury does not find that there is sufficient evidence to indict, it will issue a "no bill," which means that the charges against the accused will be dismissed.
Conclusion
The grand jury is an important part of the NY criminal legal system. It plays a critical role in screening out cases that lack sufficient evidence, thereby protecting the rights of the accused. The grand jury also has the power to subpoena witnesses and documents, and to compel testimony. This power allows the grand jury to gather all of the evidence necessary to make a informed decision about whether to indict.
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