The grand jury is a historical institution in New York’s criminal justice system, and the discovery reform is long-needed change to that same system. But that change has already affected the system in a way that was not intended. So, what can we do to help? This paper proposes that the answer to that question is to amend the provision that mandates identification and contact information for witnesses that testify in the grand jury. Part II.A of this paper discusses the history of the grand jury system in New York. Part II.B discusses the changes to discovery laws made by the New York State Legislature. Part III discusses the issue that has arisen surrounding the secrecy of the grand jury and witnesses’ reluctance to cooperate. Part IV proposes that the provision of the New York State discovery laws should be amended to provide the identification and contact information for grand jury witnesses only to the defense attorney until trial. Part V will conclude this paper.
Kempermann, Amber, "Letting the Cat Out of the Bag: How New York's Discovery Reform Removes the Secrecy From the Grand Jury" (2020). Hofstra Law Student Works. 16.