NEW YORK STATE UNIFIED COURT SYSTEM GRAND JUROR’S HANDBOOK
N E W YO RK S TAT E U N I FI ED CO U R T S YS T EMGRAND JUROR’SHANDBOOK
FOR COPIES OF THIS BOOKLET CALL:1-800-NY-JUROR, 1-800-695-8767OR ORDER ON THE WEB:WWW.NYJUROR.GOVRevised February 2017
MESSAGE FROM THE CHIEF JUDGEThank you for being here today to participatein the work of the New York State courts.As grand jurors, you now are a part of ourcriminal justice system.All across our great state, in courthouses fromRiverhead on Long Island to Buffalo on theshores of Lake Erie, grand juries uphold thelaws of the land by indicting those individualsbelieved to have committed crimes andprotecting the rights of others against unfounded accusations.We are keenly aware that New Yorkers have busy lives and werecognize that you have many demands on your time. Knowingthat, over the past decade, we have transformed the jury system byincreasing the jury pool and reducing frequency of jury service, inorder to make service more convenient.Grand jury presentations range from more than 5,000 a year in themost populated boroughs of New York City to just a handful in ourleast populous counties. To keep our vast justice system movingswiftly, fairly, and efficiently requires a dedicated corps of judges,attorneys, court administrators and grand jurors just like you.Your mission is two-fold: on the one hand, to use your power asgrand jurors to investigate crimes and hand up an indictment whensufficient evidence exists to do so; on the other, when the evidence isinsufficient, to protect people from unfounded criminal accusationsby not handing up an indictment.Like voting, grand jury service gives you the opportunity to participate– in a very direct and personal way – in our democracy. For this briefperiod of time, you will be performing an important, essentialpublic service.As Chief Judge, and on behalf of all the members of the judiciary,thank you for your participation in the pursuit of justice.Janet DiFiore
CONTENTSOVERVIEWThe Purpose of this Handbook.1The Role of the Grand Jury in the Criminal Justice System.1Why We Have Grand Juries.2Differences Between Grand Juries and Trial Juries.2BASICS OF GRAND JURY SERVICEQualifications of Jurors.3Term of Service.3Orientation and Selection of a Grand Jury.3How Many Grand Jurors?.4The Foreperson.4The Assistant Foreperson.4The Secretary.4Grand Juries and Criminal Trial Juries Compared.5THE GRAND JURY GETS TO WORKWhat Grand Juries Do.6Grand Jury Secrecy.6Who is Present in the Grand Jury Room?.7Grand Jurors’ Questions.7Note-Taking by Grand Jurors.8The Accused Person’s Role.8Deciding Which Witnesses Testify.9How the Grand Jury Makes Decisions.9QUESTIONS ABOUT GRAND JURY SERVICEWhat if i recognize a witness or the name of the accused person?. 10What if grand jury service would be a hardship for me?. 10Do I have to attend every session?. 10Will I understand what I have to do?. 10What should I wear?. 10When will I have to serve again?.11Will I get paid for my grand jury service?.11Who pays the jury fee?.12CONCLUSIONWho pays the jury fee?.12
ARTICLE 190§ 190.05§ 190.10§ 190.15§ 190.20§ 190.25§ 190.30§ 190.32§ 190.35§ 190.40§ 190.45§ 190.50§ 190.52§ 190.55§ 190.60§ 190.65§ 190.70§ 190.71§ 190.75§ 190.80§ 190.85§ 190.90Grand jury; definition and general functions. 15Grand jury; for what courts drawn. 15Grand jury; duration of term and discharge. 15Grand jury; formation, organization and other matterspreliminary to assumption of duties. 16Grand jury; proceedings and operation in general.17Grand jury; rules of evidence. 19Videotaped examination; definitions, application, order andprocedure. 23Grand jury; definitions of terms. 25Grand jury; witnesses, compulsion of evidence and immunity. 25Grand jury; waiver of immunity. 26Grand jury; who may call witnesses; defendant as witness. 26Grand jury; attorney for witness. 29Grand jury; matters to be heard and examined; duties andauthority of district attorney. 29Grand jury; action to be taken. 30Grand jury; when indictment is authorized. 30Grand jury; direction to file prosecutor s information andrelated matters. 31Grand jury; direction to file request for removal to family court. 31Grand jury; dismissal of charge. 33Grand jury; release of defendant upon failure of timely grandjury action. 33Grand jury; grand jury reports. 34Grand jury; appeal from order concerning grand jury reports. 35INDEX.37
UNITED STATES CONSTITUTION5th AmendmentNo person shall be held to answer for a capital, or otherwiseinfamous crime, unless on a presentment or indictment ofa Grand Jury NEW YORK STATE CONSTITUTIONArticle 1, Section 6No person shall be held to answer for a capital or otherwiseinfamous crime unless on indictment of a grand jury
OVERVIEWThe Purpose of this HandbookThis handbook is for citizens summoned to serve as grand jurors inNew York State. It is designed to answer commonly asked questionsabout grand jury service. Whether or not you actually sit on a grandjury, this handbook has information that everyone should know aboutgrand juries and grand jury service.This handbook is not a substitute for Article 190 of the CriminalProcedure Law, which is the legal framework for the grand jury. NewYork State law requires that each grand juror be given a copy of Article190 to read and to use as a reference while serving as a grand juror.There is a copy of Article 190 starting at page 14 of this handbook.If you do sit on a grand jury, remember that the grand jury’s legaladvisors are the District Attorney or assistant district attorney (alsocalled the prosecutor) and the judge - and no one else. Any questionsyou have about the law should be addressed only to the prosecutor,and, if necessary, to the judge. For other questions about grand juryservice, you should consult with commissioner of jurors’ staff or thegrand jury warden, or with the prosecutor if a grand juror needs tospeak with a judge.The Role of the Grand Jury in the Criminal Justice SystemThe grand jury is an arm of the court. It is not an agent of theprosecutor or the police. A grand jury does not decide whether or nota person has been proven guilty. That is the trial jury’s job. The grandjury decides whether or not a person should be formally charged witha crime or other offense. The grand jury makes that decision basedon evidence presented to it by the prosecutor, who also instructs thegrand jury on the law. The grand jury’s decision must be based on theevidence and on the law.In general, the grand jury makes one of three decisions:a) The grand jury may vote to formally accuse someone of a crime.This accusation is called an “indictment,” also known as a “bill”which is short for “bill of indictment.”b) The grand jury may vote to dismiss the charges, also known asa “no-bill.”1-800-NY-JUROR 1-800-695-8767 WWW.NYJUROR.GOV1
c) The grand jury may direct the prosecutor to file an informationaccusing the person of an offense less serious than a felony.1There are also rare circumstances where a grand jury recommendsthat a case should be sent to Family Court or where the grand jurymakes a report to the court.Why We Have Grand JuriesThe use of trial juries (also called petit juries) and grand juries goesback approximately 800 years. Beginning around 1215 A.D., bothtypes of juries were used in England. The grand jury made the formalaccusation, known as a “bill of indictment” or “presentment.”2 Thetrial jury decided whether the accusation was proven.The grand jury is included in the United States Constitution and the NewYork State Constitution. In New York State, a person cannot be broughtto trial for a felony unless that person has been indicted by a grand jury.The grand jury has an awesome responsibility. It uses its power bothas a sword and as a shield: a sword to accuse or indict those whomthere is reason to believe have committed crimes; a shield to protectthe innocent against unfounded accusations.Differences Between Grand Juries and Trial JuriesUsually when we think of juries, trial juries come to mind. That’sbecause most people who serve as jurors serve as trial jurors. In fact,out of 574,000 people who served as jurors in New York State in 2005,only 29,000 of them were grand jurors. Another way of looking at it isthat only one juror out of 20 is a grand juror.There are many differences between trial juries and grand juries. Themost important is that a grand jury decides whether or not there isenough evidence to charge an accused person with a crime and a trialjury decides whether or not the person who is charged with a crime hasbeen proven guilty beyond a reasonable doubt. (See chart on page 5)1) Under special circumstances in cases involving 13 to 15 year olds, the prosecutor mayinstruct the grand jury about the option of sending or removing the case to FamilyCourt. Also, a grand jury may be asked to investigate alleged misconduct in office bya public official, criminal or otherwise. As a result of its investigation the grand jurymay issue a report to the court making recommendations for legislative, executive oradministrative action in the public interest.2) The terms “indictment” and “presentment” are used interchangeably. This handbookwill refer only to “indictment.”2GRAND JUROR’S HANDBOOK NEW YORK STATE UNIFIED COURT SYSTEM
BASICS OF GRAND JURY SERVICEQualifications of JurorsGrand jurors and trial jurors must meet the same qualifications. Youare eligible to serve as a juror in New York State if you are:1)2)3)a United States citizen,at least 18 years old, anda resident of the county to which you are summoned to serveIn addition, jurors must4)5)be able to understand and communicate in the Englishlanguage, andnot have been convicted of a felony.3In general, people who serve as grand jurors or trial jurors in NewYork State are not eligible to be called for jury service again for sixyears. Those who serve for 11 days or more (which is very common forgrand jurors) cannot be called again for eight years.Term of ServiceYour jury summons states whether you have been summoned as agrand juror or as a trial juror. Length of service for a grand juror canvary from two weeks to a month or more. Where the term of servicelasts for a month or more, grand jurors usually sit for one or two daysper week. The grand jury summons states the length of the term andthe reporting requirements. The Commissioner of Jurors and thejudge will explain how long the grand jury term of service will be andhow often grand jurors will be required to be present in court. Grandjurors serving for long terms go about their normal business on dayswhen the grand jury is not in session.Orientation and Selection of a Grand JuryUpon arrival at the courthouse, summoned grand jurors typically seea grand jury orientation video and the Commissioner of Jurors or amember of the Commissioner’s staff explains the logistics of service.The actual selection process is conducted by the Commissioner ofJurors or by the judge, who are the only people authorized to excusesummoned grand jurors. After assuring that all summoned grandjurors are qualified to serve, the Commissioner or judge explains the3) Persons previously convicted of a felony who have received a Certificate of Relief fromCivil Disabilities or a Certificate of Good Conduct may be qualified to serve as jurors.1-800-NY-JUROR 1-800-695-8767 WWW.NYJUROR.GOV3
grand jurors’ duties, and 23 jurors are randomly selected from amongthose who are qualified.How Many Grand Jurors?A grand jury has 23 members. In order to conduct any business- hearing evidence or deliberating - a “quorum” of at least 16grand jurors must be present. In order to make a decision, at least12 grand jurors who have heard the essential and critical evidenceand also the legal instructions must vote. All jurors who have heardthe essential and critical evidence and have been provided with theinstructions may vote.The ForepersonAfter the grand jurors are sworn, the judge appoints a foreperson.The foreperson administers the oath to each witness who testifiesbefore the grand jury (although any member of the grand jury maydo so) and may chair the grand jury sessions.The grand jury’s decisions must be given to the judge in writing. Theforeperson signs the document and gives it to a member of the courtstaff or directly to the judge. If the grand jury cannot make a decision,that too is reported in writing to the judge by the foreperson.The Assistant ForepersonThe judge also appoints an assistant or acting foreperson whoperforms the foreperson’s duties if the foreperson is absent orunavailable.The SecretaryThe grand jury selects a secretary to keep the records of the grandjury’s business. For example, the secretary keeps a record of jurors whoare not present when evidence or legal instructions are given. Whenthe grand jury votes, the secretary records the results of the vote.Service as a grand juror begins with an oath of office given to thejurors by the judge. The grand jurors swear or affirm that they willperform their duties faithfully.4GRAND JUROR’S HANDBOOK NEW YORK STATE UNIFIED COURT SYSTEM
GRAND JURIES AND CRIMINAL TRIALJURIES COMPAREDQUESTIONSGRAND JURYFELONY TRIAL JURYHow many jurors?23 jurors and no alternates12 jurors plus alternatesHow long does the juryserve?Two weeks to threemonths or moredepending on the countyLength of one trialFor how many days do thejurors report?From every day for twoweeks or more to a coupleof days a week for severalmonthsEvery day until the trial iscompletedHow many cases does thejury hear?Usually hears many casesOneWho presents evidence?The prosecutionIn addition to theprosecution, the defensemay present evidence.Is a defense attorneypresent?A defense attorney ispresent only if the accusedperson chooses to testify.The defense attorneyis not permitted to askquestions, make objectionsor speak to the grand jury.Yes. The defense attorneyis present throughout thetrial except in cases wherethe defendant is acting ashis or her own lawyer. Thedefense attorney takes anactive role in the trial.Is a judge present?A judge may be presentto select the jurors butis not present duringpresentation of evidence.The judge is availableto answer grand jurors’questions as needed.Yes. The judge must bepresent in the courtroomthroughout the trial.How many jurors must bepresent to hear evidence?At least 16All 12 jurors (andalternates) must be presentthroughout the trial.What does
called the prosecutor) and the judge - and no one else. Any questions you have about the law should be addressed only to the prosecutor, and, if necessary, to the judge. For other questions about grand jury service, you should consult with commissioner of jurors’ staff or the
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