Juries
The type of jury we normally see and think about is the petit jury. The petit jury (or trial jury) hears the evidence in a trial as presented by both the prosecution or plaintiff and the defendant. After hearing the evidence and (usually) jury instructions from the judge, the group deliberates (considers a verdict). The majority required for a verdict varies. In some cases it must be unanimous, while in other jurisdictions it may be a majority or supermajority. A jury that is unable to come to a verdict is referred to as a hung jury. The size of the jury varies; in criminal cases there are usually 12 jurors. In civil cases many trials require a smaller number. However, there is another type of jury called a grand jury, described below:
Grand Jury vs. Petit Jury: Purpose
A grand jury is a group of jurors in a criminal matters ONLY who hear testimony for the prosecution’s witnesses as well as a statement about the crime from the prosecutor. A grand jury is run mostly by the prosecutor, and although the suspect does have a right to speak at a grand jury hearing, he or she can only be cross-examined by the prosecutor, and the defense attorney plays no role.
A petit jury is a group of jurors who hear testimony from both sides during a criminal trial or civil case. The petit jury’s purpose is either to convict or acquit a defendant of criminal charges or determine the outcome of a civil dispute.
Grand Jury vs. Petit Jury: Size
Most grand juries contain between sixteen and twenty-three jurors, while a petit jury consists of six-to-twelve jurors. The size difference is attributable mostly to the purpose; the grand jury must indict the suspect, while the petit jury must convict or acquit. Most experts believe that if a petit jury was larger, there would be many more hung juries during criminal trials.
Grand Jury vs. Petit Jury: Attendance
A grand jury is closed to the public, while a petit jury trial is open to the public. Most grand jury hearings consist only of the witnesses, the jurors and the prosecutor(s), and a petit jury trial can have as many attendees as the court room can hold.
Grand Jury vs. Petit Jury: Juror Service
Most petit juries consist of jurors who are selected to participate in one single trial, which often lasts less than ten days. Even high-profile cases last a few months at most, and after that, the jurors have completed their service. A grand jury, however, consists of jurors who serve for the period of a court term, which can be up to eighteen months.
Grand Jury vs. Petit Jury: Agreement
In a trial overseen by a petit jury, the jurors must be unanimous in their decision to convict or acquit. If the jury is “split” one way or another, the judge will declare either a hung jury or a mistrial, and the prosecution can try the case again if he or she thinks it’s in the public’s interest. However, a grand jury does not have to be unanimous. The exact number or jurors varies from state-to-state, but in federal grand juries the prosecution needs only 12 jurors to recommend indictment.
Indicate to which type of jury the following items refer. Write the proper letter – G for grand jury, P for petit jury, or B for both types of juries – in the space next to the items.
______1. witnesses may be questioned by jurors
______2. trial jury
______3. may number almost two dozen members
______4. determines the guilt or innocence of the accused
______5. hears evidence and makes judgements
______6. formally accuses a person of a crime
______7. may number twelve members
______8. hears evidence presented only by a prosecutor
______9. meets in secret
______10. may summon witnesses to testify
______11. hears evidence from both sides
______12. members chosen at random from lists of possible jurors
______13. decides whether someone is liable for damages to another person