Is a prosecutor's failure to instruct a grand jury concerning the evaluation and weight to be given an expert's testimony a violation of the prosecutor's duty as legal advisor to the grand jury?

"New York", United States of America

The following excerpt is from People v. Delaney, 125 Misc.2d 928, 481 N.Y.S.2d 229 (N.Y. Cty. Ct. 1984):

The court also perceives no violation of the prosecutor's duty as legal advisor to the grand jury by failing to instruct its members concerning the evaluation and weight to be given an expert's testimony. "Grand Jury need not be instructed with the same degree of precision that is required when a petit jury is instructed on the law" (People v. Calbud, Inc., 49 N.Y.2d 389, 394, 426 N.Y.S.2d 238, 402 N.E.2d 1140); instructions are ".... sufficient if the District Attorney provides the Grand Jury with enough information to enable it intelligently to decide whether a crime has been committed and to determine whether there exists legally sufficient evidence to establish the material elements of the crime." People v. Calbud, Inc., 49 N.Y.2d pp. 394-395, 426 N.Y.S.2d 238, 402 N.E.2d 1140.

Other Questions


If a prosecutor instructs a grand jury to consider hearsay testimony, can the jury be misled about the hearsay nature of the evidence they are considering? (MultiRegion, United States of America)
Does a constructive amendment to a grand jury indictment constitute a per se violation of the grand jury clause? (MultiRegion, United States of America)
Can a prosecutor improperly influence a grand jury by making prejudicial remarks to the grand jury? (MultiRegion, United States of America)
On what basis can a prosecutor in a sexual assault case rely on perjurious or hearsay testimony before a grand jury? (MultiRegion, United States of America)
Is an instruction to the jury that the jury should accept the testimony of an undercover agent prejudicial? (MultiRegion, United States of America)
What is the test for instructing a jury to consider a plaintiff's claim that they were not entitled to a jury instruction? (MultiRegion, United States of America)
Can a jury in a personal injury case be found to have given incorrect jury instructions? (MultiRegion, United States of America)
Is a jury's failure to instruct the jury on involuntary manslaughter cognizable on federal habeas review? (MultiRegion, United States of America)
Is a jury instruction erroneous if it misleads the jury as to the correct legal standard? (MultiRegion, United States of America)
What is the test for the purpose of instructing a jury to consider whether there is sufficient probative evidence of urgency to justify a jury instruction? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.