§ 6. Grand jury; waiver of indictment; right to counsel; informing accused; double jeopardy; self-incrimination; waiver of immunity by public officers; due process of law.
454 words·~2 min read·
/ny/constitution/bill-of-rights/6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 6. No person shall be held to answer for a capital or otherwise
infamous crime (except in cases of impeachment, and in cases of militia
when in actual service, and the land, air and naval forces in time of
war, or which this state may keep with the consent of congress in time
of peace, and in cases of petit larceny under the regulation of the
legislature), unless on indictment of a grand jury, except that a person
held for the action of a grand jury upon a charge for such an offense,
other than one punishable by death or life imprisonment, with the
consent of the district attorney, may waive indictment by a grand jury
and consent to be prosecuted on an information filed by the district
attorney; such waiver shall be evidenced by written instrument signed by
the defendant in open court in the presence of his or her counsel. In
any trial in any court whatever the party accused shall be allowed to
appear and defend in person and with counsel as in civil actions and
shall be informed of the nature and cause of the accusation and be
confronted with the witnesses against him or her. No person shall be
subject to be twice put in jeopardy for the same offense; nor shall he
or she be compelled in any criminal case to be a witness against himself
or herself, providing, that any public officer who, upon being called
before a grand jury to testify concerning the conduct of his or her
present office or of any public office held by him or her within five
years prior to such grand jury call to testify, or the performance of
his or her official duties in any such present or prior offices, refuses
to sign a waiver of immunity against subsequent criminal prosecution, or
to answer any relevant question concerning such matters before such
grand jury, shall by virtue of such refusal, be disqualified from
holding any other public office or public employment for a period of
five years from the date of such refusal to sign a waiver of immunity
against subsequent prosecution, or to answer any relevant question
concerning such matters before such grand jury, and shall be removed
from his or her present office by the appropriate authority or shall
forfeit his or her present office at the suit of the attorney-general.
The power of grand juries to inquire into the wilful misconduct in
office of public officers, and to find indictments or to direct the
filing of informations in connection with such inquiries, shall never be
suspended or impaired by law. No person shall be deprived of life,
liberty or property without due process of law.