Difference Between Jury and Grand Jury

Although grand juries and trial juries are both made up of average people who were called for jury duty, they serve entirely different purposes. A grand jury helps determine whether charges should be brought against a suspect, while a trial jury renders a verdict at the criminal trial itself.

1. Why does a case go to the grand jury?
2. Is a grand jury bigger than a trial jury?
3. What happens in a grand jury?
4. What type of cases are heard by a grand jury?
5. How do you avoid grand jury duty?
6. Do all cases go to a grand jury?
7. Are grand juries fair?
8. Why does America have a jury system?
9. How are jurors selected for grand jury?
10. Do victims testify at grand jury?
11. What is an example of a grand jury?

Why does a case go to the grand jury?

Grand juries decide whether enough evidence exists to indict or charge someone with a crime. In the federal system and certain states, prosecutors can initiate a criminal case against someone using a grand jury. A grand jury is a panel of citizens called for service just like a petit jury (also called a trial jury).

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.

What happens in 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.

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.

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.

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.

Why does America have a jury system?

After the United States won the war, the framers of the U.S. Constitution inserted the right to a jury trial in several places: in Article III, Section 2, the right to a trial by jury in criminal cases; in the Fifth Amendment, which provided for grand juries in criminal cases; in the Sixth Amendment, which guaranteed ...

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.

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.

What is an example of a grand jury?

The definition of a grand jury is a large group of people who investigate a crime and decide if there is evidence for a trial. An example of a grand jury is the group, lead by Ken Starr, that investigated president Bill Clinton.