What is the difference between a grand jury and a petit jury?
A grand jury and a petit jury are both types of juries, but they are used for very different purposes in criminal proceedings in Hawaii. A grand jury is a group of citizens convened to investigate potential criminal activity and to decide whether there is sufficient evidence to issue an indictment. In other words, a grand jury’s role is to decide whether there is enough evidence for a person to be formally charged and put on trial. On the other hand, a petit jury’s role is to decide the guilt or innocence of the person once he or she is put on trial. A grand jury is made up of fifteen to twenty-three members in Hawaii, and is usually convened by the county prosecutor. The grand jury will hear witness testimony and review evidence to decide if there is enough to bring formal charges. No judge is present during these proceedings, and the grand jury can proceed without the defendant being present. In contrast, a petit jury is made up of six to twelve members and is convened during an actual trial. A judge and lawyers for both sides are present during the proceedings, and the petit jury will listen to witness testimony and review evidence presented to them to ultimately decide if the defendant is guilty or not guilty.
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