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What is a grand jury, and how does the process work?

In New York, the state grand jury is a body of from 16 to 23 people, impaneled by a superior court to hear and examine evidence concerning offenses as well as misconduct  and neglect in public office, whether criminal or not. The grand jury thus serves two functions: one accusatory and the other investigative.

In its accusatory function, after hearing and examining the evidence, the grand jury will determine whether there is legally sufficient evidence and reasonable cause to believe the accused person committed a crime, typically a felony. The grand jury will generally take one of the following three actions: 1) vote to formally accuse the person of a crime by indictment; 2) vote to dismiss the charges; or 3) direct the district attorney to file an “information” in a local criminal court accusing the person of an offense less serious than a felony. In certain limited circumstances, the grand jury may instead recommend a case be sent to Family Court.

In its investigative capacity, the grand jury is empowered to examine evidence concerning alleged misconduct or neglect of office by a public servant. After hearing the evidence, the grand jury will file a report with the court which impaneled it with a finding as to whether the alleged misconduct or neglect has occurred. If accepted by the court, the grand jury’s report may serve as the basis for removal or disciplinary action against the named official.

Grand jury proceedings are closed to the public, and the secrecy of such proceedings is strictly maintained. Grand jury secrecy encourages full cooperation from witnesses; permits grand jurors to make decisions free from outside interference; and protects innocent persons who may be investigated but never indicted. While the grand jury is in session, the only people ordinarily present are an assistant district attorney, who presents evidence and instructs the grand jurors on the law, the grand jurors, court personnel, and witnesses who have been called to give evidence.  

For more information please visit the office’s Web site at www.brooklynda.org. To have your questions answered in a future column, send them to asktheda@brooklynda.org.