Differences Between a Grand and Trial Jury

Grand Jury vs. Trial Jury

While both grand and trial juries play a vital role in the legal system, there are several key differences between the two types of juries:

Purpose and Functions

Grand Jury: A grand jury's primary role is to determine whether there is sufficient evidence to indict an individual for a crime. They hear evidence presented by the prosecution and decide whether to issue an indictment, which formally charges the individual with the crime.

Trial Jury: A trial jury is tasked with determining the guilt or innocence of an individual who has been indicted or charged with a crime. They hear evidence from both the prosecution and defense and make a decision based on this evidence.

Composition and Size

Grand Jury: In the federal system, a grand jury typically consists of 16 to 23 individuals. Grand jury proceedings are closed to the public, and jurors are sworn to secrecy.

Trial Jury: A regular trial jury typically consists of six or 12 people, depending on the nature of the case. Trial jury proceedings are open to the public, and jurors are allowed to speak with their attorneys and witnesses during the trial.

Unanimous Decision Requirement

Grand Jury: A grand jury decision is made by a majority vote, meaning that the majority of jurors must agree to indict the individual for a crime.

Trial Jury: In most criminal cases, a unanimous decision is required from the trial jury. This means that all jurors must agree on the verdict of guilt or innocence.

Waiver of Grand Jury Proceedings

In some cases, an individual may waive their right to a grand jury proceeding and agree to be prosecuted by a written charge of crime called an information. This is typically done when the evidence against the individual is strong and there is little risk of wrongful prosecution.

Summoning and Payment

Grand and trial jurors are typically summoned by the court and must attend jury service. In most cases, jurors are compensated for their time and expenses.

The specific rules and procedures governing grand and trial juries vary depending on the jurisdiction. It is important to consult with an attorney for specific guidance on the legal process and your rights as a juror.