What is the difference between a grand jury and a trial jury in criminal defense law?
In criminal defense law in Hawaii, a grand jury and a trial jury are two different types of juries. The purpose of a grand jury is to determine whether a defendant should be formally charged with a crime. Grand juries typically consist of twelve to twenty-three people and hear evidence from evidence presented by prosecutors. If the grand jury decides the case has merit, it will issue an indictment against the accused. A trial jury is a jury of twelve to twenty-three people that listens to evidence presented during a trial and decides if the defendant is guilty or not guilty of the crime. The jury will issue a verdict based solely on the evidence presented during trial. Unlike a grand jury, the trial jury does not indict the defendant or determine if there is enough evidence to charge the defendant. The trial jury simply listens to the evidence presented and renders a verdict, based on whether or not the prosecution has proven their case beyond a reasonable doubt.
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