Grand Jury Vs Jury

Grand Juries vs. Trial Juries: What's the Difference?

Understanding the Roles and Functions

When people think of juries, they often picture the group of citizens who sit in court during a trial. However, there is another type of jury that plays a critical role in the criminal justice system: the grand jury.

Both grand juries and trial juries are made up of laypeople, but their functions are quite different. A grand jury is a secretive body that investigates potential criminal conduct and determines whether there is enough evidence to issue an indictment, which is the formal accusation that leads to a criminal trial.

Grand Juries: Investigation and Indictment

Grand jurors are summoned to serve for a period of up to 18 months, although extensions may be granted. During their service, they hear evidence from witnesses and review documents to determine whether there is probable cause to believe that a crime has been committed.

If the grand jury believes there is sufficient evidence, it will vote to issue an indictment. The indictment will name the defendant and the charges against them. Once an indictment is issued, the case will move to trial.

Trial Juries: Adjudication of Guilt or Innocence

In contrast to grand juries, trial juries are open to the public. They are responsible for determining whether a defendant is guilty or innocent of the charges against them. Trial juries hear evidence from both the prosecution and the defense and deliberate privately to reach a verdict.

In criminal cases, the jury must reach a unanimous verdict in order to convict. In civil cases, the jury may reach a verdict by a majority vote.

Key Differences

• Purpose: Grand juries investigate and indict, while trial juries adjudicate guilt or innocence.
• Secrecy: Grand jury proceedings are secret, while trial juries are open to the public.
• Unanimity: In criminal cases, trial juries must reach a unanimous verdict, while civil cases may use majority votes.
• Term of Service: Grand jurors serve for up to 18 months, while trial jurors may serve for the duration of the trial.