A grand jury is a jury of up to 23 people, rather than just the 12 you think of in a trial. The grand jury meets in secret in a room with only a prosecutor, a witness and a court reporter (someone who types every word that is said). There is no judge and no defense lawyer. Even the witness cannot have a lawyer in the room. It is a one-sided event.

The grand jury does not decide whether a person is guilty. It decides only to charge him using the lower standard that he is probably guilty. The grand jurors do that by majority vote; they do not all have to agree. A grand jury just OK's an "indictment," which is the word for a written charge against someone given out by a grand jury. Next, there is a full trial on the indictment, if the defendant wants one. The government must prove the defendant guilty beyond a reasonable doubt to get a guilty verdict.

The defense cannot offer any proof to the grand jury. We cannot testify. The grand jury is one-sided and favors the prosecutor. Under federal law, the grand jurors, court reporter, and prosecutor are not allowed to say what went on in the grand jury room. Before the trial we get a copy of what grand jury witnesses said, if those witnesses will testify for the government at trial.

The word "grand" jury just means large. It is a French word. And at 23 people, a grand jury is larger than a trial jury of 12 (which also is called a "petit," or small, jury. More French).

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