What is the Difference Between a Grand Jury and a Petit Jury?

Petit and grand juries are bodies of people selected to participate in court cases by hearing evidence and making decisions. However, they serve two very different functions.

The Petit Jury

A petit or trial jury is a group of people who hears a trial in a specific case in Municipal Court. Typically, a petit jury consists of six to 12 people selected from voter registration, driver’s license, and tax records. Petit jurors must be at least 18 years old, U.S. citizens, be able to read and understand English, be physically and mentally able to perform the functions of a juror and have no convictions for an indictable offense.

A petit jury can hear a criminal or civil case. Petit jurors hearing a criminal case decide if a defendant, or a person accused of a crime, is guilty or innocent of committing that crime. Petit jurors hearing a civil case decide liability and monetary damages. Unlike a grand jury, a petit jury makes the ultimate decision regarding the outcome of a civil or criminal case.

Once the petit jury makes its decision in the form of a verdict following a trial, that decision is the final trial court decision in that court case. However, if either party is dissatisfied with the case’s outcome, they can appeal the trial court decision to a higher court.

The Grand Jury

A grand jury is a group of people who determine whether there is enough evidence to move forward with an indictment or with court proceedings seeking to convict a person of a specific crime. The grand jurors must determine if the accused should proceed to trial on those criminal charges. A grand jury does not decide guilt or innocence or whether a person should be convicted of a crime.

A grand jury usually is made up of 23 people. Grand jurors must meet the same qualifications as petit jurors and are selected in the same way. Those individuals selected as grand jurors sit permanently as a grand jury for at least one month and sometimes one year, so grand juries often hear more than one case. All New Jersey counties must have a grand jury sitting at all times.

Grand juries only hear evidence and make decisions about indictable offenses, which are generally more serious crimes heard in Superior Court. Less serious crimes, also known as disorderly persons or petty disorderly persons offenses, are heard in municipal court and do not go before grand juries.

The prosecutor has 90 days from the date a person is charged with an indictable criminal offense to present the charges to a grand jury, with a few exceptions. During the grand jury proceedings, which are secret, the prosecutor presents the evidence against the person suspected of the crime. The prosecutor may also call witnesses to testify against the accused or present other evidence.

Neither the accused individual nor his attorney is present during the grand jury proceedings, nor do they present evidence. Although the individual may testify before a grand jury, he gives up his constitutional right against self-incrimination if he chooses to do so. As a result, a grand jury rarely hears the accused person’s side of the story during grand jury proceedings.

If at least 12 of the 23 people on the grand jury believe or find probable cause that the accused has committed a crime, they return an indictment or “true bill.” An indictment indicates that the grand jury has found sufficient evidence to charge the individual with the crime and requires him to respond to the charge. An indictment is not a criminal conviction or a finding that a person is guilty; it only means that a person is being charged with a crime, so that person is innocent until proven guilty.

The indictment then goes to a judge in the county, who schedules the accused person to be arraigned on the charges. The accused person receives formal notification of the charges, and the accused pleads guilty or not guilty to the crime at the arraignment, which marks the formal start of the criminal process for the defendant.

On the other hand, if a majority of the grand jury does not believe that there is probable cause to find that the accused has committed a crime or to support an indictment, they return a “no bill.” As a result, the criminal charges are dismissed, and no indictment results.

However, a grand jury also may decide to reduce the criminal charges against the accused person. A reduction in charges usually results in the accused person facing a disorderly persons or petty disorderly persons offense or a less serious criminal offense in municipal court. The accused person then must appear in that court to face those criminal charges.

Call Us for Legal Representation in Your Criminal Case

You likely have many questions and concerns when you or a loved one is facing criminal charges. You can rely on the criminal defense attorneys at Rosenberg, Perry & Associates, LLC, to give you the necessary answers. We will evaluate your situation and present the options available in your case. Together, we can decide the best course of action in your case. You can reach us by phone at (609) 216-7400 or visit us online.