Difference Between Grand Jury and Trial Jury

What's the main difference? A grand jury is involved early in a case. It is up to them to determine whether or not charges should be brought against a suspect. A trial jury, on the other hand, is involved at the end of a case, when it goes to trial.

1. Is a grand jury bigger than a trial jury?
2. Why is a grand jury secret?
3. What does it mean when a case goes to grand jury?
4. What is the purpose of a grand jury?
5. Do all cases go to a grand jury?
6. Are grand juries fair?
7. Do victims testify at grand jury?
8. How many times can a case go to grand jury?
9. How are jurors selected for grand jury?
10. What type of cases are heard by a grand jury?
11. What happens when you go before a grand jury?
12. How do you avoid grand jury duty?

Is a grand jury bigger than a trial jury?

Regular court trial juries are usually 6 or 12 people, but in the federal system, a grand jury can be 16 to 23 people. Grand juries are tools used as part of criminal procedure to bring an indictment against a defendant.

Why is a grand jury secret?

Traditionally, the grand jury has conducted its work in secret. Secrecy prevents those under scrutiny from fleeing or importuning the grand jurors, encourages full disclosure by witnesses, and protects the innocent from unwarranted prosecution, among other things.

What does it mean when a case goes to grand jury?

When a prosecutor brings a case to a grand jury, she presents the jurors with a "bill" (the charges) and introduces evidence—usually the minimum necessary, in the prosecutor's opinion—to secure an indictment.

What is the purpose of a grand jury?

A grand jury is set up by a prosecutor to determine whether there is enough evidence to pursue a prosecution. In legal terms, it determines whether probable cause exists to believe a crime has been committed.

Do all cases go to a grand jury?

1.2.

This is because the Fifth Amendment to the United States Constitution requires that all prosecutions for “infamous” crimes come through grand juries. However, federal misdemeanors can be charged through an information—they do not require a jury to issue an indictment.

Are grand juries fair?

Instead, grand juries are often led by the prosecutor to believe that an indictment is the only option based on the evidence that is presented to them (Fouts, 2004). ... By doing this, grand jury proceedings would become fair to both sides instead of being so one-sided in favor of the prosecution.

Do victims testify at grand jury?

Although victims may not be called to testify before a grand jury, the prosecutor typically will call any potential witness who is unpredictable or inclined to be untruthful to lock in testimony under oath. Grand jury proceedings are conducted in strict secrecy.

How many times can a case go to grand jury?

There is no limit. Unlike a criminal complaint which can only be filed 2 times without cause there is no limit on going to the grand jury. At some point there may come a time when the prosecutor decides there in not enough evidence to proceed.

How are jurors selected for grand jury?

Federal law requires that a grand jury be selected at random from a fair cross section of the community in the district or division in which the federal grand jury convenes. ... The judge will then direct the selection of 23 qualified persons to become the members of the grand jury.

What type of cases are heard by a grand jury?

A grand jury is presented with evidence from the U.S. attorney, the prosecutor in federal criminal cases. The grand jury determines whether there is “probable cause” to believe the individual has committed a crime and should be put on trial.

What happens when you go before a grand jury?

The grand jury listens to the prosecutor and witnesses, and then votes in secret on whether they believe that enough evidence exists to charge the person with a crime. A grand jury may decide not to charge an individual based upon the evidence, no indictment would come from the grand jury.

How do you avoid grand jury duty?

Ahead, check out the best ways to legally get out of jury duty.

1. Get a doctor's note. A medical condition could work for getting out of jury duty. ...
2. Postpone your selection. ...
3. Use school as an excuse. ...
4. Plead hardship. ...
5. Admit that you can't be fair. ...
6. Prove you served recently. ...
7. Show your stubborn side. ...
8. Date a convict.