CPL 190 Volume 1 Flashcards
190.05 - Grand jury; definition and general functions
- The Grand jury consists of not less than _______nor more than __________ persons.
- It is impaneled by the__________ and its purpose is to hear and examine evidence concerning offenses as well as misconduct,non-feasance and neglect in public office whether criminal or not
16…. 23….. Superior Court
190.10- Grand jury; for what courts drawn.
The_______________ for each judicial department shall adopt the rules for the number and terms of the impaneling of the Grand Jurors
appellate division
190.15- Grand jury; duration of term and discharge
- Generally Grand Jurors sit for one complete ___________ up to and including the first day of the next term, although within ____________ of such termination there can be a request that they be impaneled longer if needed.
- Even a Grand Jury in recess can be ordered to reconvene if no other Grand Jury is available
court term……….. FIVE(5) days
190.20-Grand jury; formation, organization and other matters preliminary to assumption of duties
The __________ governs the mode of selecting Grand Jurors and of drawing and impaneling grand juries
Judiciary Law
190.20-Grand jury; formation, organization and other matters preliminary to assumption of duties
- Neither the grand jury nor any of its members can be _________ however prior to being sworn the court may discharge the panel and order another if it finds the original panel does not conform to the requirements of the law.
- The court can discharge a grand juror even after being sworn if such juror is found to be _________ ,bias, prejudice or guilty of misconduct
Challenged,……… disqualified
190.20-Grand jury; formation, organization and other matters preliminary to assumption of duties
- The court MUST appoint one of the grand jurors as ______________ and another as acting ______________
- The Grand Jurors MUST appoint one of their own as ____________ to keep records of the grand jury’s business
Foreman ……… foreman…….Secretary
190.20-Grand jury; formation, organization and other matters preliminary to assumption of duties
- The Grand Jurors MUST be _________ by the court
- After the Grand Jurors are sworn the court MUST deliver to them copies of this _________ and members of different Grand juries can be transferred from one jury to another
Sworn… article
190.20-Grand jury; formation, organization and other matters preliminary to assumption of duties
Grand jury proceedings are considered _________ and no Grand Juror can disclose the nature or substance of testimony given
secret
190.20-Grand jury; formation, organization and other matters preliminary to assumption of duties
- The Grand Jury is the exclusive judge of ___________ with respect to any matter before it.
- The legal advisors of the Grand Jury are the _________ and __________ ,and they may not seek legal advice from any other source
the facts……….. Court and the District Attorney
190.25 - Grand jury; proceedings and operation in general
Grand jury proceedings are not valid unless ________ members are present
16
190.25 - Grand jury; proceedings and operation in general
The finding of an indictment, direction to file a prosecutor’s information, submission of a Grand Jury Report or any other affirmative official action taken requires at least _______ members to agree
12
190.25 - Grand jury; proceedings and operation in general
The ___________ or ____________ of the jury may administer the oath to a witness appearing before them
foreman or any other member
190.25 - Grand jury; proceedings and operation in general
The only person allowed in the room besides the Grand jurors during deliberations and voting is : ___________________
During the other proceedings the only other individuals allowed are:
1.The D.A.
2. The Clerk
3. A Stenographer
4. An Interpreter
5. A Public servant holding a witness in custody
6. An Attorney representing a witness
7. A Videotape operator recording a child witness or special witness
8. A Social worker,rape crisis counselor,psychologist etc. providing emotional support of a child witness __________ or younger giving evidence for certain crimes,but only with the D.A.’s consent
- And new law: Social worker or informal caregiver for a vulnerable elderly person sworn to give evidence but only with the _________ consent
“The Sign Language Interpreter.”……TWELVE (12) years old……… D.A.’s
190.25 - Grand jury; proceedings and operation in general
Grand jury proceedings are considered __________ and no Grand Juror can disclose the nature or substance of testimony given
secret
190.30 - Grand jury; rules of evidence
General rules of evidence pertaining to __________ pertain to Grand Jury proceedings as well.
criminal proceedings
