Grand Jury vs. Petit Jury: Know the Difference
By Hifza Nasir & Shumaila Saeed || Published on April 9, 2025
A grand jury decides if charges should be brought in a case, while a petit jury determines guilt or innocence in a trial. Grand juries are larger and work in secret.
Key Differences
Grand juries are convened to determine whether there is enough evidence to charge someone with a crime. They operate without the presence of a judge and their proceedings are confidential. Petit juries, on the other hand, are present in both civil and criminal trials to decide on the verdict after hearing the evidence and arguments in open court.
Shumaila Saeed
Apr 09, 2025
The size of grand juries typically ranges from 16 to 23 members, reflecting their broader scope of reviewing multiple cases. Petit juries are smaller, usually consisting of 6 to 12 members, focusing on a single case to determine the outcome based on the evidence presented.
Hifza Nasir
Apr 09, 2025
Grand juries do not require unanimity to indict; a simple majority or two-thirds majority is sufficient. Petit juries, especially in criminal trials, often require a unanimous decision to convict or acquit, underscoring their role in determining an individual's guilt or innocence.
Hifza Nasir
Apr 09, 2025
The role of a grand jury is more investigative, giving them the power to subpoena documents and witnesses. Petit juries listen to the evidence presented by the prosecution and defense during the trial, making decisions based on what is presented in court.
Hifza Nasir
Apr 09, 2025
Grand jury proceedings are secretive to protect the accused's reputation in case of a no indictment, and to encourage witness cooperation. Petit jury proceedings are public, promoting transparency and accountability in the judicial process.
Shumaila Saeed
Apr 09, 2025
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Comparison Chart
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Grand Jury and Petit Jury Definitions
Grand Jury
Does not determine guilt or innocence but whether to bring charges.
The grand jury decided there was enough evidence to charge the politician.
Shumaila Saeed
Mar 01, 2024
Petit Jury
Publicly deliberates in a courtroom setting.
The petit jury's decision was announced in open court.
Hifza Nasir
Mar 01, 2024
Grand Jury
A legal body empowered to conduct official proceedings to investigate potential criminal conduct.
The grand jury issued an indictment after reviewing the evidence against the defendant.
Hifza Nasir
Mar 01, 2024
Petit Jury
Serves in both civil and criminal cases to decide on issues of fact.
The petit jury awarded damages to the plaintiff for negligence.
Hifza Nasir
Mar 01, 2024
Grand Jury
Consists of citizens tasked with determining whether there's probable cause for a trial.
She was called to testify before the grand jury investigating corruption.
Hifza Nasir
Mar 01, 2024
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Petit Jury
A small group of citizens who determine the verdict in a trial.
The petit jury found the defendant guilty of theft.
Shumaila Saeed
Mar 01, 2024
Grand Jury
Can subpoena witnesses and documents as part of its investigation.
The grand jury subpoenaed emails and documents related to the case.
Hifza Nasir
Mar 01, 2024
Petit Jury
Requires unanimity for a verdict in criminal trials.
After deliberating, the petit jury reached a unanimous verdict of not guilty.
Hifza Nasir
Mar 01, 2024
Grand Jury
Operates in secrecy to protect the accused and witnesses.
Details of the grand jury's deliberation remain confidential to safeguard the process.
Shumaila Saeed
Mar 01, 2024
Petit Jury
Listens to evidence presented by both sides before reaching a decision.
The petit jury considered all the evidence during the two-week trial.
Dua Fatima
Mar 01, 2024
Repeatedly Asked Queries
Is the decision of a petit jury always unanimous?
In criminal cases, yes, but civil cases may have different requirements.
Shumaila Saeed
Apr 09, 2025
What is the main function of a grand jury?
To determine if there is enough evidence for a case to go to trial.
Shumaila Saeed
Apr 09, 2025
How does a petit jury differ from a grand jury in size?
A petit jury is smaller, typically having 6 to 12 members, compared to a grand jury's 16 to 23.
Hifza Nasir
Apr 09, 2025
Can individuals refuse to testify before a grand jury?
Generally no, especially if subpoenaed, unless specific legal exemptions apply.
Shumaila Saeed
Apr 09, 2025
Can a grand jury decide on someone's guilt?
No, a grand jury only decides whether there is enough evidence to charge someone.
Hifza Nasir
Apr 09, 2025
Why are grand juries used?
To conduct a preliminary review of evidence and protect individuals' reputations.
Hifza Nasir
Apr 09, 2025
What happens if a petit jury cannot reach a unanimous decision?
It may result in a hung jury, leading to a retrial of the case.
Dua Fatima
Apr 09, 2025
Are petit jury members selected differently than grand jury members?
The selection process is similar, but the requirements for serving may differ.
Hifza Nasir
Apr 09, 2025
What powers does a grand jury have?
They can subpoena evidence and witnesses for their investigations.
Hifza Nasir
Apr 09, 2025
Are grand jury proceedings public?
No, they are conducted in secret to protect the involved parties.
Hifza Nasir
Apr 09, 2025
Why is the secrecy of grand jury proceedings important?
To encourage witness cooperation and protect the accused’s reputation if no indictment is made.
Hifza Nasir
Apr 09, 2025
How long does a grand jury serve?
Their term can vary, often lasting several months.
Hifza Nasir
Apr 09, 2025
Do petit juries have investigative powers?
No, their role is to deliberate on the evidence presented during the trial.
Hifza Nasir
Apr 09, 2025
What happens after a grand jury indictment?
The case moves forward to a trial where a petit jury can be involved.
Shumaila Saeed
Apr 09, 2025
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About Author
Written by
Hifza Nasir
Co-written by
Shumaila SaeedShumaila Saeed, an expert content creator with 6 years of experience, specializes in distilling complex topics into easily digestible comparisons, shining a light on the nuances that both inform and educate readers with clarity and accuracy.
Shumaila Saeed
Hifza Nasir
Dua Fatima
