The criminal justice system in the United States utilizes two types of juries – trial juries and grand juries. Many people are familiar with trial juries, either through their own participation or from the depiction on popular TV programs. A grand jury and a trial jury consist of randomly selected U.S. citizens, given the great responsibility to hear and consider evidence and arrive at a binding legal decision. However, there are certain distinct differences between the two types of juries, which are detailed below.
What is a grand jury?
Federal, state, and county prosecutors utilize grand juries to review evidence in criminal cases. Jurors on grand juries are given the job of evaluating evidence to determine if probable cause exists. They come to this decision based on a “preponderance of the evidence” legal standard that allows the government to issue criminal charges against an accused individual. Grand juries strictly asses if the evidence warrants trial proceedings. They do not determine guilt or innocence. Additionally, prosecutors are not required by law to follow the conclusion of a grand jury.
Grand jury features
The various features of a grand jury are as follows:
- Size: 16 to 23 individuals
- Privacy: Closed to the public, unlike a trial jury
- Timeline: May only convene a few times a month during the course of one to six months
- Purpose: To determine if the prosecution has, based on a preponderance of the evidence, established probable cause for pressing charges
- Decision unanimity: A unanimous decision is not required to reach a decision to indict
- Attendance: Legal counsel and their clients (defendants) are not permitted to attend grand jury proceedings
What is a trial jury?
A trial jury convenes in a criminal case to determine a guilty or not guilty verdict for a defendant, based on evidence provided by both the prosecution and defense in a trial. As opposed to a grand jury, a trial jury uses the information it receives to determine if the prosecution has proven their case against the defense beyond a reasonable doubt. The trial jury’s decision (also called the verdict) is final, but may be appealed.
Trial jury features
The various features of a trial jury are as follows:
- Size: Six to 12 individuals
- Privacy: Open to the public
- Timeline: Convenes every day the trial is in progress, whether it lasts for days or months
- Purpose: Determining if the defendant is guilty or not guilty of the filed charges
- Decision unanimity: A conviction must be based on a unanimous decision
- Attendance: Attorneys and their clients (defendants) may participate, present evidence, and call witnesses
Another important distinction between a trial jury and grand jury involves the requirements related to evidence. Grand juries are able to review evidence that the prosecution has not obtained legally. Trial jurors, however, only have access to evidence (such as photos, documents, and objects) that were legally obtained by the prosecution and defense.
If you are facing a criminal charge in the state of Tennessee, it is vital to have strong and dedicated legal counsel with the right experience to fight for the best possible outcome in your case. The Knoxville criminal defense attorneys at Banks & Jones are here to provide you with the legal support and defense you need right now. To set up a consultation, call us today at 865.546.2141 or use our contact form.
T. Scott knows the importance of interacting with colleagues to stay abreast of developments and changes in the legal world. T. Scott frequently teaches CLE courses on trial strategy, teaching other lawyers his methods for success in the courtroom, and is certified as a Rule 31 Mediator in the Tennessee Supreme Court. He is a member of the Knoxville Bar Association, the Tennessee Bar Association, the National Trial Lawyers, and both the Tennessee and American Associations for Justice.
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