These three questions cover what “discovery” means in a criminal trial, how jurors are selected, and the difference between a trial jury and a grand jury. Together they explain how evidence is shared and how citizens take part in a criminal case in South Carolina.
Frequently Asked Questions
What is “Discovery” in the context of a criminal trial?
“Discovery” is simply the words used to describe the motions filed by lawyers to force the State or the Government to show the evidence. In other words, a “Discovery Motion” is filed, and the State has to produce the evidence that it intends to use at trial.
There are some technical limitations on that, but generally it’s just the evidence: the statements, the police reports, the witness statements, anything like that that they plan to use, reports of DNA tests, breath tests, or something like that. It’s just the evidence in the case against you.
How are jurors selected for my criminal trial?
Jurors are brought to the courthouse based on the fact that they registered to vote or have a driver’s license. They’re all selected randomly. There are certain qualifications that the court seeks before they are qualified, and then to actually serve on a case, they are selected randomly again, and the lawyers get to hear some information about them and can strike them.
Some states have an extensive process to question potential jurors. In South Carolina, it’s extremely limited. So, the jury is somewhat random in South Carolina.
What is the difference between a Trial Jury and Grand Jury?
The Trial Jury is the little jury or the petit jury consisting usually of twelve people. The Grand Jury consists of eighteen people. The Grand Jury is there supposedly to protect people. Only if the citizens in the community agree to indict someone can the State go forward with a trial.
In reality, the Grand Jury does very little to protect anybody. It usually just rubber-stamps the police action, and the prosecution’s indictment.
Facing a criminal charge in South Carolina means dealing with each of these steps. Greg McCollum brings approximately 30 years of experience and a background as a former prosecutor to the defense of people charged with crimes in South Carolina.
If you have questions about discovery, jury selection, or the difference between a trial jury and a grand jury, call the Greg McCollum Complete Legal Defense Team at (843) 626-5480. Consultations are confidential.