Grand jury vs. trial jury: What's the difference?

Tom Grupa
Written by
Tom Grupa
Edited by
Paul Mazzola
Fact-checked by
Editorial staff

Understanding the two types of juries

The American legal system relies on two distinct types of juries that serve fundamentally different purposes. A grand jury determines whether enough evidence exists to formally charge someone with a crime. A trial jury (also called a petit jury) determines whether a defendant is actually guilty of the charges brought against them. Though both involve citizens evaluating evidence, the similarities largely end there.

Understanding these differences matters whether you've been summoned for jury duty, are following a high-profile legal case, or simply want to know how the justice system works. Each type of jury operates under different rules, different standards of proof, and different levels of secrecy.

FeatureGrand JuryTrial Jury (Petit Jury)
Primary purposeDecides whether to charge (indict) someoneDecides guilt or liability
Number of jurors16 to 23 (federal); varies by state6 to 12 plus alternates
Standard of proofProbable causeBeyond a reasonable doubt (criminal); preponderance of evidence (civil)
Types of casesCriminal onlyCriminal and civil
ProceedingsSecret / closedGenerally public
Length of serviceUp to 18 to 24 monthsDuration of one trial
VerdictIndictment ("true bill") or "no bill"Guilty/not guilty or liable/not liable
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What is a grand jury?

A grand jury is a body of citizens assembled to review evidence presented by a prosecutor and determine whether there is probable cause to believe a person committed a crime. If the grand jury finds sufficient evidence, it issues an indictment, a formal criminal charge that sends the case to trial. If it does not, it issues what is known as a "no bill," and the case is dismissed for the time being.

Grand Jury CharacteristicDetails
Size16 to 23 jurors (federal); 9 to 23 depending on state
Standard of proofProbable cause
Who presents evidenceProsecutor only
Defense attorney presentNo
Judge presentNo (available if needed)
Proceedings open to publicNo, entirely secret
Cases heardMultiple cases over the term of service

The role of the grand jury

Grand juries were originally conceived as a screening mechanism to protect citizens from unfounded criminal charges. The idea is straightforward: before the government can put someone on trial for a serious crime, a group of ordinary citizens must first agree that there is enough evidence to justify doing so.

The Fifth Amendment to the U.S. Constitution requires a grand jury indictment for federal felony charges. Many states also use grand juries, though the specific requirements vary. Some states allow prosecutors to file charges through a preliminary hearing before a judge instead.

How the grand jury process works

The prosecutor presents evidence by making statements, showing physical evidence, and calling witnesses to testify. Grand jurors may ask witnesses questions throughout the proceeding. However, there is no cross-examination, and the rules of evidence do not apply. This means evidence that could not be admitted at trial, such as hearsay or even illegally obtained evidence in some jurisdictions, can still be presented to the grand jury.

The accused person is typically not present unless called as a witness. Even if called to testify, the accused does not have the right to have an attorney present in the grand jury room in most jurisdictions.

Important distinction

An indictment is not a finding of guilt. It simply means the grand jury believes there is enough evidence to formally charge someone and proceed to trial. The defendant remains presumed innocent until proven guilty at trial.

What is a trial jury?

A trial jury, formally known as a petit jury, is the group of citizens that sits through an actual trial and renders a final verdict. In criminal cases, the trial jury decides whether the prosecution has proven the defendant's guilt beyond a reasonable doubt. In civil cases, it determines whether the plaintiff has shown by a preponderance of the evidence that the defendant caused them harm.

Trial Jury CharacteristicDetails
Size6 to 12 jurors plus alternates
Standard of proof (criminal)Beyond a reasonable doubt
Standard of proof (civil)Preponderance of the evidence
Who presents evidenceBoth prosecution/plaintiff and defense
Defense attorney presentYes
Judge presentYes, presides over trial
Proceedings open to publicYes (deliberations are private)
Cases heardOne case per juror

The role of the trial jury

The trial jury serves as the ultimate fact-finder in the American legal system. Jurors hear evidence from both sides, listen to witness testimony subject to cross-examination, receive legal instructions from the judge, and then deliberate in private to reach a verdict.

In criminal cases, the stakes are high because a person's liberty is on the line. This is why the standard of proof, beyond a reasonable doubt, is the highest standard in the legal system. In civil cases, where the dispute typically involves money or other remedies rather than imprisonment, the standard is lower: the plaintiff must show it is more likely than not that the defendant caused harm.

How the trial jury process works

Trial jurors are selected through a process called voir dire, during which attorneys from both sides question potential jurors to identify any biases or conflicts of interest. Once seated, jurors hear opening statements, witness testimony, cross-examination, and closing arguments from both the prosecution (or plaintiff) and the defense.

After all evidence is presented and the judge delivers legal instructions, the jury retires to deliberate in private. The jury must then reach a verdict. In federal criminal cases and most state criminal cases, the verdict must be unanimous. Once the verdict is delivered, the jurors are discharged.

Key differences between grand juries and trial juries

While both types of juries involve citizens reviewing evidence, the differences between them are substantial. They differ in purpose, size, procedure, transparency, and the standard of proof required to reach a decision.

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FactorGrand JuryTrial Jury
PurposeDetermine if charges should be filedDetermine guilt or liability
Stage of proceedingsPre-trial (before charges are filed)During trial (after charges are filed)
Jury size16 to 23 (federal)6 to 12 plus alternates
Standard of proofProbable causeBeyond a reasonable doubt / preponderance of evidence
Evidence heard fromProsecution onlyBoth sides
Cross-examinationNot permittedRequired
Rules of evidenceDo not applyStrictly enforced
SecrecyEntirely secretPublic trial; private deliberations
Judge presentNoYes
Defense attorney presentNoYes
OutcomeIndictment or no billVerdict (guilty/not guilty or liable/not liable)
Number of casesMultiple cases over monthsOne case
Vote requiredMajority (varies by jurisdiction)Typically unanimous in criminal cases

How proceedings differ

The procedural differences between grand jury and trial jury proceedings are among the most striking distinctions. Grand jury proceedings are one-sided and secret, while trials are adversarial and public.

Procedural ElementGrand JuryTrial Jury
Public accessClosed to the publicOpen to the public
Sides representedProsecution onlyBoth prosecution and defense
Witness cross-examinationNoYes
Evidentiary rulesRelaxedStrict
Record of proceedingsSealed unless court orders releasePublic record

Why grand jury proceedings are secret

Grand jury secrecy serves several important purposes. It encourages witnesses to testify fully and honestly without fear of public retaliation. It allows grand jurors to make decisions free from outside pressure or interference. Most importantly, it protects the reputation of individuals who are investigated but never indicted.

Everyone present in the grand jury room, including the prosecutor, court reporter, and jurors themselves, is prohibited from disclosing what occurs during proceedings. Violations can result in contempt of court charges.

The adversarial nature of trials

Trials operate under a completely different philosophy. The adversarial system ensures that both the prosecution and defense have the opportunity to present evidence, call witnesses, and challenge the other side's case through cross-examination. A judge presides over the proceedings to enforce rules of evidence and ensure fairness.

This two-sided process is why the trial jury's verdict carries so much more weight than a grand jury indictment. The trial jury has heard the full picture from both parties before reaching its conclusion.

Jury selection and qualifications

Both grand jurors and trial jurors are drawn from the same pool of eligible citizens in a given jurisdiction. The basic qualifications are generally the same, though the screening process differs significantly.

QualificationDetails
CitizenshipMust be a United States citizen
AgeMust be at least 18 years old
ResidencyMust reside in the jurisdiction where summoned
LanguageMust understand and communicate in English
Criminal recordMust not have been convicted of a felony (with some exceptions)
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Trial jurors go through voir dire, an extensive screening process where attorneys question potential jurors about their backgrounds, beliefs, and potential biases. Both sides can challenge jurors they believe cannot be impartial.

Grand jurors, by contrast, are typically not screened for bias or other potential issues in the same way. Since the grand jury only hears from one side and is not making a final determination of guilt, the selection process is less rigorous.

Length of service

The time commitment required for grand jury and trial jury service is dramatically different. This is one of the most practical distinctions for citizens who receive a jury summons.

Service AspectGrand JuryTrial Jury
Typical termUp to 18 months (extendable to 24 months)Duration of one trial (days to weeks, occasionally months)
Frequency of meetings1 to 2 days per week or every other weekEvery day the trial is in session
Number of casesMultiple cases throughout the termOne case only
Schedule flexibilitySet schedule over monthsContinuous until verdict

Grand jurors do not typically meet every day. In smaller districts, a grand jury might convene only one day every other week. In larger districts with significant criminal caseloads, grand jurors may meet a couple of days each week. Over the course of their term, they review multiple cases.

Trial jurors, on the other hand, serve every day the trial is in session until a verdict is reached or the case is otherwise resolved. Once the trial concludes, they are discharged and their service is complete.

Powers and limitations of each jury

Each type of jury wields significant but carefully limited power within the justice system. Understanding what each jury can and cannot do helps clarify their respective roles.

Power or LimitationGrand JuryTrial Jury
Can issue criminal chargesYes (indictment)No
Can determine guiltNoYes
Can impose sentencesNoNo (judge determines sentencing in most cases)
Can subpoena witnessesYesNo (attorneys and judges issue subpoenas)
Can ask questions of witnessesYesLimited (varies by jurisdiction)
Can investigate independentlyYes, to a degreeNo

Grand jury powers

Grand juries have the power to issue indictments on criminal charges, typically felonies. They can also issue subpoenas to compel witnesses to testify and produce documents. In some cases, grand juries have investigative authority that extends beyond the specific cases brought to them by prosecutors.

However, the grand jury does not have the power to decide whether a prosecutor moves forward with a case after indictment, whether a defendant is ultimately convicted, or what punishment should be imposed.

Trial jury powers

The trial jury's power lies in its ability to render a final verdict. In criminal cases, this means deciding whether the defendant is guilty or not guilty. In civil cases, this means determining liability and, often, the amount of damages to be awarded.

Trial juries generally do not determine sentences in criminal cases. Sentencing is typically the responsibility of the judge, though some states allow jury sentencing in certain circumstances. Sentences may include imprisonment, probation, criminal fines, or community service.

A "no bill" is not the same as an acquittal

If a grand jury declines to indict, the case is dismissed for the time being. However, the prosecutor is not permanently barred from seeking an indictment through a new grand jury later, particularly if stronger evidence emerges. An acquittal by a trial jury, on the other hand, is final due to double jeopardy protections.

Frequently asked questions

Can you refuse grand jury service?

Jury service, whether for a grand jury or trial jury, is a legal obligation. Ignoring a jury notice can result in civil and criminal penalties, including fines and potential contempt of court charges. Certain exemptions and deferrals may be available depending on your jurisdiction, such as medical hardship or extreme financial burden.

Are jurors compensated for their service?

Yes, both grand jurors and trial jurors receive compensation, though the amount varies by jurisdiction. In many states, jurors receive around $40 to $50 per day of service. Federal jurors are paid $50 per day, increasing to $60 per day after 10 days of service. Some employers are required to continue paying employees during jury service.

Juror CompensationDaily Rate
State jurors (typical range)$40 to $50 per day
Federal jurors (first 10 days)$50 per day
Federal jurors (after 10 days)$60 per day

Can you serve on both a grand jury and a trial jury?

Yes, it is possible to serve on both types of juries at different times. However, you would not serve on both simultaneously. A person who served on a grand jury that indicted a defendant would not be eligible to serve on the trial jury for that same case.

Do all states use grand juries?

No. While the Fifth Amendment requires grand jury indictments for federal felony cases, this requirement has not been incorporated against the states. About half of U.S. states require grand jury indictments for certain serious crimes. Other states use preliminary hearings before a judge as an alternative, or give prosecutors the option of filing charges directly through an information.

What happens after a grand jury indictment?

After an indictment, the defendant is formally charged and the case moves toward trial. The defendant will be arraigned, meaning they appear before a judge, are informed of the charges, and enter a plea. An attorney will be appointed if the defendant does not already have one. The court will set bail or bond conditions, and the case will proceed through the pre-trial and trial phases.

How often do grand juries indict?

Grand juries indict in the vast majority of cases presented to them. Federal grand juries return indictments in over 99% of cases. This high rate has led to criticism that grand juries serve more as a rubber stamp for prosecutors than as an independent screening body. Because only the prosecution presents evidence, the process inherently favors indictment.