What is the Difference Between Grand Jury and Trial Jury?

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The main difference between a grand jury and a trial jury lies in their functions within the criminal justice system:

Grand Jury:

  1. Helps determine whether to bring charges against a suspect.
  2. Focuses on preliminary criminal matters only.
  3. Assesses evidence presented by a prosecutor to determine whether there is "probable cause".
  4. If the grand jury determines there is enough evidence, an indictment will be issued against the individual.
  5. Proceedings are private.
  6. Grand jurors generally serve up to 18 months, but can serve for up to 24 months if an extension is granted by a judge.
  7. Grand jurors consider multiple cases over the course of their term of service.

Trial Jury:

  1. Renders a verdict at the trial itself.
  2. Decides whether the government has proved beyond a reasonable doubt that the defendant is guilty in a criminal case.
  3. Listens to evidence offered during a trial and returns a verdict.
  4. Proceedings are public.
  5. Petit jurors hear a maximum of one case and are then discharged.

In summary, a grand jury decides if someone should be charged with a crime, while a trial jury decides if someone is guilty of the crime. The standard of proof is lower for a grand jury, which only needs probable cause to return an indictment, compared to a trial jury, which must have proof beyond a reasonable doubt to return a guilty verdict.

Comparative Table: Grand Jury vs Trial Jury

Here is a table comparing the differences between a grand jury and a trial jury:

Feature Grand Jury Trial Jury (Petit Jury)
Purpose To review evidence and determine if there is enough evidence to issue an indictment for a crime. To decide whether the government has proven beyond a reasonable doubt that the defendant is guilty in a criminal case, or to decide whether the plaintiff has established their case with evidence that is more likely true than not in a civil case.
Size Consists of 16-23 grand jurors. Consists of 12 jurors.
Proceedings Private. Public.
Duration Grand jurors generally serve up to 18 months, but can serve for up to 24 months if an extension is granted by a judge. Petit jurors hear a maximum of one case and are then discharged.
Cases Considers multiple cases over the course of their term of service. Hears only one case at a time.

In summary, a grand jury reviews evidence to determine if an indictment should be issued, while a trial jury (also known as a petit jury) decides the guilt or innocence of a defendant in a criminal case or the outcome of a civil case. Grand jury proceedings are private, and grand jurors serve for an extended period, considering multiple cases. In contrast, trial juries are public, and jurors hear only one case at a time, serving until the case is resolved.