Grand juries and trial juries are the two primary jury categories used in criminal proceedings by the US criminal justice system. Grand juries have an equally important function but operate mostly behind closed doors. Trial juries are those that most people are familiar with from television dramas or real-life courtroom coverage.

But their functions are very different. A grand jury evaluates if there is sufficient evidence to formally charge someone with a crime. A trial jury hears evidence in court and gives a verdict on the accused’s guilt or innocence.

Grand Jury

Prosecutors use a grand jury to decide whether they should file criminal charges against a suspect. Grand juries are most frequently employed in federal prosecutions and major state felony cases. A federal grand jury usually includes between 16 and 23 citizens, and members may serve for several months at a time.

A district attorney may decide to use a preliminary hearing rather than a grand jury in certain circumstances. Determining whether there is sufficient evidence to formally charge someone with a crime is the goal of both processes. The grand jury process takes place behind closed doors. The prosecutor is usually the only person present to present evidence, aside from the jurors themselves. The prosecutor also chooses the documents to be subpoenaed, the evidence to be presented and what issues the grand jury examines.

Grand juries are not need to reach a unanimous decision in order to indict someone. Generally, two-thirds or three-quarters of jurors must agree to move forward, depending on the jurisdiction.

A grand jury will issue an indictment if it determines that there is sufficient evidence and reasonable cause to convict someone of a crime. The criminal case can proceed because of this official accusation. The court arranges an arraignment following the issuance of an indictment. The defendant is formally told of the charges that the grand jury approved when they appear in court for the arraignment.

Prosecutors sometimes use grand jury proceedings to assess the strength of their case before trial. However, if a prosecutor strongly disagrees with a grand jury’s decision, there may be limited circumstances where they can pursue alternative legal routes, depending on the law in that jurisdiction.

Grand juries work closely with prosecutors, who guide them on relevant legal principles. Jurors have broad powers to review evidence and question witnesses. The process is less formal than a trial, giving jurors more flexibility in examining information.

Grand jury rules of evidence are less stringent than those used in criminal trials. Witnesses usually testify without attorneys present. Strict confidentiality is maintained throughout the proceedings to protect suspects in the event that no charges are eventually brought.

Trial Jury

At the end of a formal criminal or civil trial, a trial jury, also referred to as a petit jury, is tasked with delivering a final decision, which could be either “guilty” or “not guilty.” Not all cases automatically qualify for a jury trial since the right to one is contingent upon the gravity of the charge and the potential penalty associated with it.

A trial jury usually consists of six to 12 jurors. The United States District Court is the venue for trials in federal cases in the US. Depending on how complicated the case is, jurors usually serve for the full length of the trial, which can range from a few days to many weeks or even months.

The judge strictly oversees the highly regimented trial court proceedings. The jury must agree unanimously before delivering a verdict in criminal cases.

A trial jury typically has little discretion over the evidence that is presented, unlike a grand jury. Rather, attorneys on both sides meticulously choose and present evidence, adhering to stringent legal guidelines intended to guarantee that the jury is seen only accurate and pertinent material.

It is uncommon for trial jurors to have the opportunity to question witnesses directly. Jurors may be permitted to raise questions in some jurisdictions, but they have to submit them to the judge beforehand. The question’s admissibility is then determined by the court. These enquiries usually come up during deliberations when jurors require explanation.

Differences: Grand Jury Vs Trial Jury

The most important difference is their purpose. A grand jury acts as a screening body, deciding whether a case should go to trial. A trial jury delivers the final verdict after examining full evidence from both sides.

Another difference lies in the standard of proof. Grand juries look for probable cause, meaning reasonable grounds to believe a crime occurred. Trial juries require proof beyond a reasonable doubt, which is much stricter and designed to prevent wrongful convictions.

There are also procedural differences. Grand jury proceedings are secret, while trial proceedings are public. Grand juries mainly hear from prosecutors, while trial juries hear from both prosecution and defence. This creates a more balanced and adversarial process during trial.

Grand Jury Vs Trial Jury: Selection And Composition Differences

Both grand jurors and trial jurors are typically selected randomly from citizens. However, trial jurors go through a detailed selection process called voir dire, where lawyers question potential jurors to ensure impartiality. This process is more extensive because trial jurors directly decide guilt or innocence.

Grand juries are usually larger because they need to evaluate many cases and investigations. Their voting rules are also different. Grand juries often require only a majority vote to issue an indictment, whereas trial juries usually require unanimous agreement to convict in criminal cases.

Why Both Systems Exist

The dual jury structure ensures balance. The grand jury prevents weak or baseless cases from reaching trial. It acts as a buffer between government prosecutors and citizens, ensuring prosecutors cannot easily file serious charges without evidence.

Trial juries, on the other hand, ensure fairness by allowing both sides to present arguments and evidence in an open courtroom. They determine the truth of disputed facts and apply legal instructions provided by a judge to reach a final verdict.

Together, these systems help maintain public confidence in the justice process. The separation of investigative and judgmental roles is a key feature of the American criminal justice framework.