What is the difference between a grand jury and a trial jury in criminal defense law?

In Delaware, a grand jury and a trial jury in criminal defense law have distinct roles and differences. A grand jury is a group of 23 citizens that decide whether or not to indict a person with a crime. In contrast, a trial jury is a group of 12 citizens that decide the outcome of a criminal trial. The primary purpose of a grand jury is to investigate criminal activity. The 23-member grand jury considers evidence presented by prosecutors and make a decision if the prosecutor has enough evidence to charge a suspect with a crime. The grand jury does not decide guilt or innocence. A trial jury is composed of 12 citizens that hear the evidence presented by both the prosecutor and defense attorney. The trial jury is responsible for making decisions based on the evidence. The trial jury determines the guilt or innocence of a defendant and makes a decision based on the preponderance of the evidence. Both a grand jury and a trial jury are important components in the criminal justice system. Grand juries serve as a check and balance on whether or not a criminal charge is valid and necessary. The trial jury serves as the final decision maker in criminal cases. Both are integral to the protection of the rights of the accused and the safety of the public.

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