What is the difference between a grand jury and a trial jury in criminal defense law?
In South Dakota criminal defense law, a grand jury and trial jury serve different purposes. A grand jury is a group of people who hear evidence presented by a prosecutor and decides whether there is enough evidence for a person to be tried for a crime in court. This decision is known as an indictment. The grand jury does not decide if the person is guilty or not guilty. The trial jury is the group of people who hear the evidence presented in court and determine whether the person is guilty or not guilty. The trial jury’s decision is based on the evidence presented in court. The trial jury is made up of 12 people who are randomly selected from the general population. The grand jury and trial jury both must be impartial and unaffected by bias. While in some cases the same individuals may be on a grand jury and a trial jury, they will be instructed to listen to the evidence without prejudice. In South Dakota, the decision of a trial jury must be unanimous, meaning all 12 jurors must agree that the accused is guilty. In contrast, a grand jury’s decision is made by a majority vote. Overall, the grand jury and trial jury serve different purposes in criminal defense law in South Dakota. A grand jury decides whether there is enough evidence to charge a person with a crime, while a trial jury decides if a person is guilty or not guilty based on the evidence presented at trial.
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