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New York State Grand Jury Secrecy

Grand Jury Secrecy: Protecting the Integrity of Justice

The Importance of Grand Jury Confidentiality

Grand jury proceedings are intentionally kept secret to safeguard the integrity of the justice system. This secrecy ensures that defendants receive fair trials and that witnesses can testify without fear of retaliation.

Statutory Restrictions on Disclosure

In most jurisdictions, it is illegal for grand jurors or others involved in the proceedings to disclose any information about what happens inside the grand jury room. This includes the identity of witnesses, the evidence presented, and the votes cast on any indictments.

Reasons for Secrecy

There are several reasons why grand jury proceedings are kept secret: * To prevent flight by defendants: Secrecy prevents potential defendants from fleeing before they are indicted. * To protect witnesses: Witnesses may be reluctant to testify if they fear retaliation or intimidation. * To ensure impartial trials: Secrecy helps prevent jurors from being influenced by outside information or pressure.

Exceptions to Secrecy

In some cases, grand jury secrecy may be lifted. For example, a judge may order the release of grand jury minutes if there is a compelling reason to do so, such as to correct an error in a trial or to exonerate an innocent person.

Consequences of Unlawful Disclosure

Unlawful disclosure of grand jury information is a serious crime. Violators may face fines, imprisonment, or both.

Historical Significance

Grand jury secrecy has been a cornerstone of the American justice system for centuries. It has played a vital role in protecting the rights of both defendants and witnesses and ensuring the fair and impartial administration of justice.


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