Juries.
The grand jury is selected by the court and is composed of not less than twelve responsible and qualified citizens. It is their duty to make a faithful inquiry into all wrongs and violations of the law. They call witnesses before them and make an investigation, and upon sufficient proof against a person they have them indicted. The proceedings of a grand jury are secret.
The terms "jury" and trial by jury are quite different from a grand jury. The grand jury investigates and inquires into all wrongs and violations of the law and if the person accused is guilty returns an indictment. Then the trial jury of twelve persons after hearing the evidence given them in court returns their unanimous verdict one way or other, otherwise a hung jury.
There is a difference between a trial by jury and a grand jury. The petit jury or trial by jury is composed of twelve men, honest and upright citizens living within the jurisdictional limits of the court, drawn and selected by officers free from all biased opinion and sworn to render a true verdict according to the law and evidence given them. Every citizen is entitled to a fair trial, even though the accused is known to be guilty. The Constitution of the United States gives this right to all citizens.
The trial of all crimes shall be by jury except in impeachment. The Constitution provides that the trial be held in the state where the crime is committed, and if the crime is not committed in any of the states Congress has the power to name a place of trial.
The jurors decide whether or not the party accused is guilty by a unanimous vote, and if one or more vote against, it is called a hung jury.
The judge of the court instructs the jurors on the law in the case.