New York State Court Clerk Practice Exam

Question: 1 / 400

What is the primary function of a grand jury?

To determine the sentence of a convicted defendant

To review evidence and decide on indictments

The primary function of a grand jury is to review evidence and decide on indictments. Grand juries play a crucial role in the criminal justice system by examining evidence presented by prosecutors to determine whether there is sufficient basis to charge an individual with a crime. This process helps ensure that individuals are not subjected to prosecution without probable cause.

Grand juries do not determine guilt or innocence; that responsibility lies with trial juries. Instead, they focus purely on whether there is enough evidence to formally accuse someone of a crime, leading to potential charges that will then be adjudicated in a trial. By functioning in this capacity, grand juries serve as a critical check in the legal system, providing oversight and protecting individuals from unfounded legal actions.

The other options suggest functions that are outside the purview of a grand jury. Determining sentences falls under the role of a trial court after a conviction, facilitating negotiations relates to plea bargains or settlements outside of jury duties, and overseeing jury selections pertains to court procedures rather than functions specific to a grand jury.

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To facilitate negotiations between parties

To oversee jury selections for trials

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