What is the Difference Between Grand Jury and Petit Jury?
🆚 Go to Comparative Table 🆚The main difference between a grand jury and a petit jury lies in their roles and functions within the legal system. Here are the key differences:
Grand Jury:
- Hears only criminal matters.
- Determines whether probable cause exists that a crime was committed.
- Does not determine guilt or innocence.
- If probable cause exists, the grand jury returns a written statement of the charges called an "indictment".
- Typically involves numerous cases and can last for months.
- Members have the power to consider almost any kind of evidence.
Petit Jury:
- Acts as a trial jury for both civil and criminal cases.
- Listens to evidence offered during a trial and returns a verdict.
- Determines whether there is enough evidence to convict a suspect.
- Responsible for rendering a decision on guilt (conviction) or innocence (acquittal).
- Trials typically last a few days to a few weeks.
- Members can only listen to reliable evidence presented by the prosecuting and defense attorneys.
In summary, a grand jury decides whether there is enough evidence to proceed with a criminal case, while a petit jury decides whether there is enough evidence to convict a suspect.
Comparative Table: Grand Jury vs Petit Jury
The main difference between a grand jury and a petit jury lies in their functions and the cases they handle. Here is a comparative table outlining the differences:
Feature | Grand Jury | Petit Jury (Trial Jury) |
---|---|---|
Purpose | Determines probable cause for criminal cases. | Decides both criminal and civil cases. |
Size | 16-23 jurors. | 6-12 jurors. |
Proceedings | Private. | Public. |
Duration | Serves up to 18-24 months, depending on the extension granted by a judge. | Serves for the duration of a trial, which can last from a few days to a few weeks. |
Cases | Considers multiple cases over the course of their term of service. | Hears only one case at a time. |
Decision | Issues an indictment if probable cause is determined. | Returns a verdict of guilty or not guilty in criminal cases, and finds for the plaintiff or defendant in civil cases. |
Appeal | Decision can be ignored or disagreed with by the prosecutor. | Decision is final and can be appealed. |
In summary, a grand jury focuses on preliminary criminal matters and assesses evidence presented by the government to determine if there is enough evidence to issue an indictment. On the other hand, a petit jury decides both criminal and civil cases, listening to evidence offered during a trial and returning a verdict.
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