Grand Jury Summons

Understanding the Differences Between Grand and Trial Juries

Important Distinctions in the Legal Process

Grand Juries: Preliminary Investigations

A grand jury is a legal body composed of laypeople whose primary responsibility is to determine whether there is sufficient evidence to bring criminal charges to trial. Its proceedings are private, and it operates independently of the court system. The grand jury hears evidence presented by the prosecutor and decides whether there is probable cause to believe that the accused committed the crime.

Trial Juries: Determining Guilt or Innocence

In contrast, a trial jury is common in both criminal and civil cases. It is responsible for determining the guilt or innocence of the accused after hearing all the evidence. Trial juries are typically made up of 12 individuals who are chosen randomly from the community. The jury deliberates in private and reaches a verdict based on the evidence presented during the trial.

Privacy and Openness

One key difference between grand juries and trial juries is their level of privacy. Grand jury proceedings are generally closed to the public, while trial juries are typically open. This is because grand juries are focused on investigating potential crimes and determining whether there is sufficient evidence to bring charges, while trial juries are responsible for making a final determination of guilt or innocence.

Accusatory Function

Another distinction is that grand juries have an accusatory function, while trial juries have a determinative function. Grand juries can issue indictments, which are formal accusations that a crime has been committed, while trial juries can issue verdicts, which are final judgments of guilt or innocence.

Waiver of Grand Jury Proceedings

In some cases, defendants may waive their right to a grand jury proceeding and agree to be prosecuted by a written charge of crime called an information. This occurs when the defendant agrees to have their case heard directly by a trial jury without the need for a grand jury investigation.