What is the Difference Between Grand Jury and Petit Jury?

🆚 Go to Comparative Table 🆚

The main difference between a grand jury and a petit jury lies in their roles and functions within the legal system. Here are the key differences:

Grand Jury:

  • Hears only criminal matters.
  • Determines whether probable cause exists that a crime was committed.
  • Does not determine guilt or innocence.
  • If probable cause exists, the grand jury returns a written statement of the charges called an "indictment".
  • Typically involves numerous cases and can last for months.
  • Members have the power to consider almost any kind of evidence.

Petit Jury:

  • Acts as a trial jury for both civil and criminal cases.
  • Listens to evidence offered during a trial and returns a verdict.
  • Determines whether there is enough evidence to convict a suspect.
  • Responsible for rendering a decision on guilt (conviction) or innocence (acquittal).
  • Trials typically last a few days to a few weeks.
  • Members can only listen to reliable evidence presented by the prosecuting and defense attorneys.

In summary, a grand jury decides whether there is enough evidence to proceed with a criminal case, while a petit jury decides whether there is enough evidence to convict a suspect.

Comparative Table: Grand Jury vs Petit Jury

The main difference between a grand jury and a petit jury lies in their functions and the cases they handle. Here is a comparative table outlining the differences:

Feature Grand Jury Petit Jury (Trial Jury)
Purpose Determines probable cause for criminal cases. Decides both criminal and civil cases.
Size 16-23 jurors. 6-12 jurors.
Proceedings Private. Public.
Duration Serves up to 18-24 months, depending on the extension granted by a judge. Serves for the duration of a trial, which can last from a few days to a few weeks.
Cases Considers multiple cases over the course of their term of service. Hears only one case at a time.
Decision Issues an indictment if probable cause is determined. Returns a verdict of guilty or not guilty in criminal cases, and finds for the plaintiff or defendant in civil cases.
Appeal Decision can be ignored or disagreed with by the prosecutor. Decision is final and can be appealed.

In summary, a grand jury focuses on preliminary criminal matters and assesses evidence presented by the government to determine if there is enough evidence to issue an indictment. On the other hand, a petit jury decides both criminal and civil cases, listening to evidence offered during a trial and returning a verdict.