39845625
Description
Flashcards by Emily Deragon, updated 3 months ago
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Created by Emily Deragon
3 months ago
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| Question | Answer |
| CPL 190 grand jury and its proceedings: 190.05 How many people are impaneled by the superior court? | not less than 16 and no more than 23 people |
| CPL 190.05 what does the grand jury do? | hears and examines evidence concerning offenses and hears and examines misconduct in public office (criminal or not) |
| CPL 190.10 who determines the number of panels and terms of service of the grand jury? | appellate division |
| CPl 190.10 who can issue an order convening a grand jury panel for an extraordinary term | a supreme court justice |
| CPL 190.15 Grand jury serves for the term _____ and up to and including the _____ of the next term | appointed and up to and including the first day of the next term |
| CPL 190.15 the court MAY extend the term on declaration of who? that business is unfinished? How many days notice? | on declaration of the grand jury AND the district attorney. 5 days notice is required |
| CPL 190.15 the court MAY/MUST (if the grand jury is in recess) at the request of the DA or the defendant being held for an action of the Grand Jury in LCC, order such Grand Jury reconvened for the purpose of dealing with a matter requiring grand jury action | May |
| CPL 190.20 what type of law governs the method of selecting grand jurors and of drawing and impaneling grand jurors | Judiciary law |
| CPL 190.20 neither an individual grand juror nor the panel may be challenged However the court may do what two things? | 1. before the grand jury is sworn, discharge the panel and summon a new panel if it finds that the panel does not comply with judiciary law OR 2. court can refuse to swear or discharge a grand juror for misconduct or if it finds he is not in compliance with judiciary law |
| CPL 190.20 after a grand jury is impaneled court must appoint who? | grand jury foreman and alternate foreman |
| 190.20 after a grand jury is impaneled court must have the grand jurors elect who to keep records of their business? | elect a secretary |
| 190.20 after a grand jury is impaneled court must swear in the grand jury. Who are they sworn in by? | the court |
| 190.20 after a grand jury is impaneled court must give what kind of instructions of this article to each grand juror and instructions relating to what? | printed instructions of this article and instructions relating to proper performance of their duties |
| CPL 190.20 if 2 or more grand juries are impaneled at the same time the court may transfer what? | the court may transfer grand jurors form one panel to another for good cause |
| 190.25 what does the grand jury do RIP | R report (issue a grand jury report) I indict P prosecutors information (direct that it be filed ) |
| 190.25 grand juries must have a least how many members to conduct proceeding? How many have to agree in order to RIP? | 16 members to conduct proceedings and 12 must agree in order to RIP |
| CPL 190.25 who can administer an oath to a witness | a foreman or any other rand juror |
| CPL 190.25 only grand jurors can be present in the room during deliberations and voting. What is the exception to this? | if a grand juror is deaf or hard of hearing there could be an ASL interpreter present |
| CPL 190. 25 at all other times besides deliberations and voting what 9 people/groups may be present in the room? | 1. DA, 2. clerk of public servant 3. stenographer 4. interpreter 5. public servant holding witness in custody 6. attorneys for witness (while witness is present) 7. videotape operator (while testimony of special witness or child is being played) 8. social worker, rape crisis counselor, phycologist 9. social worker or care giver for elderly |
| CPL 190.25 grand jury proceedings are secret. no person, except on ____ can disclose any testimony, evidence, result or decision | court order |
| CPL 190.25 if during testimony before grand jury, prosecutor discovers a child is being abuse or maltreated he MUST apply to court supervising proceedings for a what? the Court MUST/MAY grant it. | order allowing disclosure to the state central child protection registry. the court MUST grant it |
| CPL 190.25 the grand jury is the exclusive judge of what? | the facts |
| CPL 190.25 legal advisors of the grand jury are the ___ and the ____. No one else | the court and the District Attorney |
| CPL 190.25 the court or district attorney instruct the grand jury on the law. it must be on the what? | recorded minutes |
| CPL 190.32 define child witness | child 12 years of age or under who people intend to call as a witness before the grand jury |
| CPL 190.32 define special witness | person intended to be called as a witness in the grand jury proceeding who cannot attend because they are a person too sick/disabled or person is over 12 but will become too emotionally or mentally stressed from testifying |
| CPL 190.32 define operator | employed by district attorney- operates the video camera to record testimony of child or special witness |
| CPL 190.32 in lieu of requiring child witness to appear before the grand jury, DA MAY cause testimony to be what? | videotaped |
| CPL 190.32 If DA believes a witness will be a special witness, it can make an ___ application asking the court to allow the special witness to be videotaped. the application must be to the ___ in ____, detailing _____ either by the DA or another person to support such facts | Ex parte application must be to the court in writing, detailing grounds for application and sworn statements of fact |
| CPL 190.32 if the special witness recording is made the DA must make a recorded statement at the begging of the tape stating what? and identify who? | the date, time, and place the recording is being made and identify himself, the operator, and all other persons present |
| CPL 190.32 if a recording is of a child where and what time can it be done? | any time any place |
| CPL 190.32 when a child OR special witness testifies by video, what must appear next to them? | a clock with a second hand |
| CPL 190.32 a phycologist, rape crisis counselor, social worker, doctor, nurse, or medical assistant may be present if necessary in the video. if they have not taken an oath of office they must do what? if witness is giving sworn testimony, the oath must be what? | -they must take an oath to keep the proceeding secret -if witness is giving sworn testimony the oath must be recorded |
| 190.40 witnesses: every witness MAY/MUST give evidence legally requested, regardless of whether or not he thinks it will incriminate him | MUST |
| CPL 190.40 witnesses: witnesses testifying before a grand jury receives immunity unless what 3 things? | 1. witness waives it OR 2. he gives evidence freely knowing it is not responsive (not related to the crime being asked about) OR 3. he produced only books and records in response to a subpoena duces tecum |
| 190.45 waiver of immunity: what is a waiver of immunity? | it is a written instruments signed by a person who is or is about to be a witness before the grand jury waiving his right to self incrimination |
| CPL 190.45 the waiver of immunity must be sworn before who? | the grand jury |
| CPL 190.45 person being asked to waive immunity has the right to confer with who? and MUST be given an opportunity to consult with an ____ of his choosing | -counsel -an attorney of his own choosing |
| CPL 190.45 if a waiver of immunity is limited to certain subject and the DA asks about other subject will the witness still have immunity as to those other subjects? | yes |
| 190.50 DA has the right to call anyone is believes to possess what? | relevant knowledge or information |
| CPL 190.50 the Grand Jury can call anyone it believes to have _____. it directs the DA to prepare a subpoena for the witness. The DA MAY/MUST apply for a court order vacating such direction or subpoena if they believe it is in the publics best interest | - relevant knowledge or information -MAY apply for court order |
| CPL 190.50 When the DA applies for a court order vacating direction for a subpoena of a witness the court MAY/MUST vacate the subpoena | MAY in its discretion |
| CPL 190.50 the DA MAY/MUST demand that a witness called by the grand jury sign a waiver of immunity before being sworn and upon such demand, no oath may be administered to such witness unless and until he complies | MAY |
| CPL 190.50 the defendant has the right to appear as a witness on his own behalf if what 2 things? | 1. before the filing of the indictment or the information he serves a written request to appear upon the DA 2. the DA informs the grand jury foreman of the request and serves on the defendant a notice of the time and date he shall appear. such person is permitted to testify and after giving relevant and competent evidence he is then subject to examination by the people |
| CPL 190.50 if an indictments or direction to file a prosecutor's information obtained in violation of the provisions mentioned above is invalid and must be dismissed provided that ____ | the defendant made that motion to dismiss prosecutors information or indictment within 5 days from the arraignment. otherwise his right to that motion to dismiss is waived |
| CPL 190.50 the defendant can request in ___ or _____ that the grand jury call as a witness someone of his choosing | writing or orally |
| 190.50 true or false? except as listed otherwise, no person has he right to call witness or appear as a witness in a grand jury proceeding | true |
| 190.52 any witness who waives right to immunity has the right to have who in the grand jury room during questioning? They are only there to do what? | an attorney. the attorney is only there for the witness to consult about his rights |
| CPL 190.55 District attorneys are require or authorized to submit evidence to grand juries under what 3 circumstances? | 1. the DA MUST submit evidence as to any felony for which a person is being held pursuant to a felony complaint being filed in LCC 2. MUST submit evidence as to any misdemeanor charged in LCC accusatory instrument in any case where the superior court orders that the misdemeanor be prosecuted by indictment 3. MAY give evidence as to misconduct of public official whether criminal or not |
| CPL 190.60 At the end of grand jury voting the grand jury MUST do one of the following 5 things. What are the 5 things? DRIPP | D Dismiss R remove to family court I indict P prosecutors info (direct DA to file) P prepare reports (submit a grand jury report) |
| CPL 190.65 an indictment authorized when the evidence is legally ___ to establish that person _____ AND the evidence must be competent and _____ | when the evidence is legally sufficient to establish that person committed the offense AND the evidence must be competent and Admissible that provides reasonable cause to believe such person committed such offense |
| CPL 190.65 Grand Jury MUST/MAY through its ____ file the indictment with the court which impaneled it | MUST through its foreman |
| CPL 190.65 in order to indict evidence must be what 2 things?? | competent and admissible |
| CPL 190.70 the grand jury can direct who to file a prosecutors information? | the DA |
| CPL 190.70 the prosecutors info can charge a person with what? other than a what? in LCC, provided that evidence was legally sufficient to prove person committed offense and competent and admissible | any offense other than a felony |
| CPL 190.70 if the rand jury directs the DA to file a prosecutors info who must it be signed by? | the grand jury's foreman |
| CPL 190.70 the court receiving direction to file a prosecutors info MUST/MAY issue an order approving such direction and ordering the DA to file prosecutors information | MUST |
| CPL 190.71 removal to family court: grand jury cannot indict person under what age for anything other than Murder 2 and a sexually motivated felony? | 13 |
| 190.71 removal to family court: true or false? the grand jury can indict a person for a crime they are not criminally responsible for | false they can only indict people on crimes they are criminally responsible for |
| 190.71 when a grand jury requests removal to family court what 3 things must the request allege? | 1. the person named therein did ant act that if done by a person 16 years or older would constitute a crime 2. specify the act and the time and place of its commission 3. the request MUST be signed by the grand jury foreman |
| CPL 190.71 if the grand jury files a request for removal to family court, the court MAY/MUST issue an order transferring the matter to family Court. Unless what? | MUST unless the court finds that the request is improper and insufficient on its face) |
| CPL 190.75 dismissal of a charge: in what two situations MUST a grand jury dismiss a charge? Who do they dismiss the charge through? | 1. if the evidence is not legally sufficient to establish a person committed that crime or any other offense OR 2. if the grand jury is not satisfied that the person committed that crime or any other offense, grand jury MUST through its foreman, dismiss the charge |
| CPL 190.75 when charges are dismissed and the defendant is being held what two things MUST happen? | 1. he must be released OR 2. his bail exonerated |
| CPL 190.80 after the felony hearing has commenced, and a person is being held for an action of the grand jury pursuant to filing of LCC accusatory instrument, how many days can they be held without a grand jury action? | 45 days |
| CPL 190.80 how many days can a juvenile offender be held without the occurrence of a grand jury action (if felony hearing was commenced) | 30 days |
| CPL 190.80 the defendant must be RORed without the occurrence of a grand jury action after 45/30 days unless what two things? | 1. it was due to defendants request or conduct OR 2. District attorney shows good cause that defendant should not be released or in the interest of justice |
| CPL 190.85 the grand jury MAY submit to the court that impaneled it a report about what 3 things? | 1. concerning misconduct by public office or public servant 2. stating that no misconduct occurred by public officer or servant 3. proposing recommendations for legislative, executive, or administrative action in public interest based upon its findings |
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