What is the Difference Between Jury and Grand Jury?

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

Jury (Petit Jury):

  • A petit jury, also known as a trial jury, decides both criminal and civil cases.
  • In a criminal case, a petit jury decides whether the government has proved beyond a reasonable doubt that the defendant is guilty.
  • In a civil case, a petit jury decides whether the plaintiff establishes with evidence that is more likely than not.
  • A petit jury hears evidence offered during a trial and returns a verdict.
  • Petit jurors hear a maximum of one case and are then discharged.

Grand Jury:

  • A grand jury focuses on preliminary criminal matters only.
  • The grand jury does not determine guilt or innocence but whether probable cause exists that a crime was committed.
  • If the grand jury determines there is enough evidence, an indictment will be issued against the individual.
  • A grand jury consists of 16-23 grand jurors.
  • Proceedings are private.
  • Grand jurors generally serve up to 18 months, but can serve for up to 24 months, if an extension is granted by a judge.
  • Grand jurors consider multiple cases over the course of their term of service.

In summary, a grand jury decides whether there is enough evidence to charge a suspect with a crime, while a trial jury determines the guilt or innocence of the accused during a trial.

Comparative Table: Jury vs Grand Jury

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

Feature Jury (Petit Jury) Grand Jury
Purpose Decide criminal and civil cases Focus on preliminary criminal matters and assess evidence presented by the prosecution
Size Typically 12 members Consists of 16-23 grand jurors
Proceedings Public Private
Duration Hear one case and then discharged Consider multiple cases over the course of their term of service, which can be up to 18-24 months
Decision Decide whether the government has proven guilt beyond a reasonable doubt (criminal cases) or whether the plaintiff has established evidence (civil cases) Determine if there is enough evidence to issue an indictment

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