The Grand Jury and Its Proceedings

Formation, Organization, and Preliminaries

The Grand Jury is a key component of the criminal justice system in New York City. It consists of between 16 and 23 individuals randomly selected from the community to determine whether there is sufficient evidence to indict a defendant.

Preliminary Matters

Before assuming its duties, the Grand Jury undergoes a rigorous formation process, including orientation and training. They also elect a foreperson to preside over their proceedings.

Hearing and Indictment

The Grand Jury hears evidence presented by the prosecution, usually in the form of witness testimony and physical evidence. They review this information to determine whether there is probable cause to believe that the defendant committed the crime alleged.

If the Grand Jury finds probable cause, it will issue an indictment, formally charging the defendant with the crime. If no indictment is issued, the case is dismissed.

Grand Jury Secrecy

The proceedings of the Grand Jury are generally confidential. This secrecy helps protect the privacy of the defendant, the integrity of the investigation, and the independence of the Grand Jury's deliberations.

Unique Procedures in New York City

In New York City, most cases bypass the preliminary hearing and proceed directly to the Grand Jury. This practice allows for a more efficient and streamlined process.

Conclusion

The Grand Jury plays a crucial role in upholding justice in New York City. Its members, chosen from the community, serve as impartial arbiters, ensuring that only cases with sufficient evidence are brought to trial. By maintaining its confidentiality, the Grand Jury also protects the integrity of its proceedings and the rights of those involved.