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20 Cards in this Set

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How many people does the grand jury consist of?

Not less than 16, not more than 23.

What law governs the mode of selecting Grand jurors and of drawing and in paneling grand juries?

The Judiciary law.

What division for each judicial department shall adopt the rules for the number and terms of the impaneling of the grand jurors?

The appellate division

Who must appoint one of the grand jurors as foreman and another as acting Foreman?

The court

Who must appoint a secretary to keep records of the grand jurors business?


The grand jurors themselves must appoint one of their own.

How many Grand jurors must be in agreement for any official action to be taken?

At least 12

Who is the only other person allowed in the room, besides Grand jurors, during deliberations and voting?

The sign language interpreter

During the other proceedings of the grand jury the only other individuals allowed are which 8 people?

1 the da


2 the clerk


3 a stenographer


4 an interpreter


5 a public servant holding a witness and custody


6 an attorney representing a witness 7 a videotape operator recording a child witness or special witness


8 social worker , Rape Crisis counselor, psychologist Etc providing emotional support of a child witness 12 years old or younger give evidence for certain crimes but only with the DA's consent.

All Witnesses before a grand jury must give evidence requested of them regardless of the belief it may incriminate. A witness whom gives such testimony receives immunity unless what 3 things occurs?

1 they waive immunity


2 gratuitously volunteer information not responsive to the inquiry.


(Ex. "While I was shoplifting in the store across the street I saw the crime in question being committed")


3 the evidence submitted by the witness consists solely of books, papers, or records .

What is a waiver of immunity?


Who must have be sworn to before?

A written instrument stipulating that you wave your privilege against self-incrimination.


It must be sworn to before the grand jury.

Who are the only people who have a right to call a witness or appear as a witness in a grand jury?

1 The people may call Witnesses believe to possess relevant information or knowledge.


2 The grand jury may call Witnesses believe to possess relevant information or knowledge.


3 A defendant May request that the grand jury also called a witness so designated by him that may help his case



The DA may demand any witness called by the grand jury to sign a waiver of immunity.

A grand jury may take which five actions?

1 indict a person


2 direct the DA to file a prosecutor's information with the lower Criminal Courts


3 direct the DA to file a request for removal to family court


4 dismiss the charge


5 submit a grand jury report

When is an indictment authorized?

1 the evidence before it is legally sufficient to establish a such person committed such offense


AND


2 competent and admissible evidence before it provides reasonable cause to believe that such person committed such offense.

The grand jury can direct a request for removal to family court for Crimes by who?

A 13 14 or 15 year old who would not be responsible for such crimes (juvenile offender) in this instance they cannot indict.


Under what circumstances must the grand jury dismiss the charge?

If the evidence before the grand jury is not legally sufficient or there is not reasonable cause to believe that such person committed such crime.

A court can authorize a matter to be resubmitted to a grand jury how many times?

Only once

When a case is dismissed by the grand jury the DA must notify such person of the dismissal of the charges against them by regular mail within how long?

Within 90 days

Upon application of a defendant who has been held for grand jury action for a period of more than 45 days or in the case of a juvenile Defender 30 days without the occurrence of grand jury action, he must be released on his own recognizance unless what?

The lack of grand jury disposition was due to the defendant request or with his consent.


OR


Good cause is shown to not release the defendant containing some compelling fact or circumstance which precluded timely grand jury action.

The grand jury may also submit reports concerning misconduct, nonfeasance or neglect in public office by a public servant. Such public servant, upon being served with such report, May file an answer to the report within how long?

20 days.

If the grand jury report makes an order for sealing the report it may be appealed by the district attorney within how long of service of the report?

10 days