I’ve been a registered voter for more than 55 years and until this week, never been called for jury duty. I was selected to serve as a Grand Juror for the Jefferson County Circuit Court in West Virginia. For some reason it never occurred to me that I would be selected for Grand Jury duty.
I was aware that there were grand juries and petit, or trial, juries but I learned some interesting things about both this week.
Grand juries are required by the US federal government for “capital or infamous cases” by the Fifth Amendment to the United States Constitution. Not all states employ the grand jury process, but West Virginia is one of those that do.
I mentioned earlier a trial, or petit jury — petit is an old-fashioned name for a jury that hears a lawsuit or criminal prosecution. Petit is a French word meaning “small,” to distinguish it from a “grand” jury that performs other duties such as determining to return an indictment or not.
In general…..
A petit jury decides whether a defendant committed a crime as charged in a criminal case, or whether the defendant injured the plaintive in a civil case. A petit jury may consist of 6 to 12 people. The trials are generally public, but jury deliberations are always private. Defendants have the right to appear, testify, and call witnesses on their behalf. The final outcome is a verdict — in favor of the plaintiff or defendant in a civil case, or guilty or not guilty in criminal case.
A grand jury is presented with evidence from the prosecutor. The grand jury determines whether there is “probably cause” to believe the individual has committed a crime and should stand trial. If the grand jury determines there is enough evidence, an indictment will be issued against the defendant. A grand jury consists of 16 to 23 people. Grand jury proceedings are not open to the public. Defendants and/or their attorneys do not have the right to appear before the grand jury.
Petit juries hear cases that are criminal or civil. Criminal trials involve felonies (a more serious crime.) The law requires twelve jurors to be seated in any criminal trial — only eight jurors are required in a civil trial. Jurors in criminal cases must find a defendant guilty or not guilty by a unanimous vote. Only three fourths of the jury must agree on a verdict in civil cases.
A grand jury hears evidence about crimes and decides whether or not a person should be indicted, or tried for committing a crime. A grand jury does not decide guilt or innocence.
All, or most, petit trials is open to the public. A grand jury is closed to the public.
Grand juries in the various states seat anywhere from twelve to twenty-three jurors. West Virginia seats sixteen — fifteen being the number required for a forum and twelve must concur for an indictment. The grand jury hears only the State’s evidence and witnesses. If an indictment is issued, the defense gets its opportunity to present it’s evidence and witnesses at the petit trial.
Someone once said that a jury consists of twelve people chosen to decide who has the better lawyer. and Groucho Marx said he was married by a judge, but thinks he should have asked for a jury.
But jury duty is one of the great things about our system of democracy. When you are called to jury duty, you shouldn’t look at it as a duty you have to perform — it should be an honor and a privilege.
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