Grand Jury Indictment

Indictment vs. Trial Jury: Understanding the Roles and Responsibilities

What is an Indictment?

An indictment is a formal accusation that charges an individual with a crime. It is issued by a grand jury, a group of citizens who examine evidence presented by prosecutors and determine whether there is probable cause to believe that the accused committed the alleged crime.

The Role of a Grand Jury

Grand juries are typically larger than trial juries. In federal cases, they consist of 16 to 23 members. Grand juries meet in secret and hear evidence from prosecutors and witnesses, but the accused is not present. They vote on whether to issue an indictment, also known as a "true bill," only if they find that there is enough evidence to support the charges.

The Role of a Trial Jury

In contrast to a grand jury, a trial jury determines guilt or non-guilt in a criminal case. Trial juries are typically composed of 12 members. They hear evidence from both the prosecution and the defense and deliberate to reach a unanimous verdict.

Key Differences

Here are some key differences between grand juries and trial juries:

  • Size: Grand juries are typically larger than trial juries.
  • Secrecy: Grand juries meet in secret, while trial juries hear evidence publicly.
  • Purpose: Grand juries determine whether there is probable cause to charge an individual with a crime; trial juries determine guilt or non-guilt.
  • Unanimity: Grand juries can issue an indictment with a majority vote, while trial juries must reach a unanimous verdict.

Conclusion

Both grand juries and trial juries play vital roles in the criminal justice system. Grand juries evaluate evidence to determine if there is enough probable cause to charge an individual with a crime, while trial juries determine the guilt or innocence of the accused. Understanding the differences between these two groups helps us appreciate the intricacies of the legal process.


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