What is the difference between a grand jury and a trial jury in criminal defense law?
The main difference between a grand jury and a trial jury in criminal defense law in Massachusetts is the purpose of each and the roles and responsibilities that they have. A grand jury is an investigative body. The purpose of the grand jury is to determine if there is sufficient evidence to support an indictment against someone for the commission of a crime. The grand jury will hear evidence presented by the prosecutor and then will make a decision on whether to indict or not. The grand jury consists of sixteen to twenty-three members and their decision needs to be unanimous. A trial jury is a jury of peers. The purpose of the trial jury is to decide the guilt or innocence of the accused. The trial jury consists of either six or twelve members, depending on the type of case, and they must come to a unanimous decision for a conviction in a criminal trial. The trial jury hears evidence presented by both the prosecutor and the defense and will consider the facts of the case in order to make their decision. In summation, a grand jury is used for indictments while a trial jury is used to determine guilt or innocence. The roles of each type of jury are different and the decisions they make have different implications.
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