New York Grand Jury Instruction

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Multi-State
Control #:
US-00883
Format:
Word; 
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Description

This form is a sample jury instruction wherein the court instructs the jury that the Grand Jury's indictment is not evidence of guilt but merely an accusation, and that defendant is presumed innocent. You must ascertain whether this sample instruction complies with the law in your jurisdiction.

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FAQ

Grand Jurors serve for a term of four weeks. The function of a grand jury is to hear evidence concerning alleged crimes. The grand jury does not have to determine issues of guilt or innocence. The grand jury must determine if there is enough evidence to indict a person.

The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.

All Others: If you feel that it is impossible for you to serve as a juror and wish to be excused from service, you must submit documentary proof of the reason why. Please call our information line at 1-800-449-2819 to receive information about the proof you must provide.

The purpose of a jury charge is to "educate the decision-maker so that it will make an informed decision, not to tell the decision-make what decision to make". An instructing judge "must set out in plan and understandable terms the law that the jury must apply when assessing the facts".

Essentially, the grand jury may disclose matters occurring before it only to the attorneys for the government for use in the performance of their duties, but even attorneys for the government may not be informed of what took place during the grand jury's deliberations and voting.

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New York Grand Jury Instruction