- Also called:
- presentment or true bill
- Related Topics:
- Grand jury
- How does a grand jury work?
- Arraignment
- charge
Indictment
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What is an indictment?
In the U.S. legal system, an indictment is a formal, written accusation of a crime, affirmed by a grand jury and presented to a court to start a criminal trial. The Fifth Amendment to the U.S. Constitution requires a grand jury indictment for federal prosecutions of infamous crimes, defined as those punishable by death or imprisonment in a penitentiary or by hard labor.
The indictment must establish the court's jurisdiction, notify defendants of the charges, enable the court to pronounce judgment upon conviction, and prevent a second prosecution for the same offense. A simple majority of grand jurors can return an indictment, which serves as a formal announcement of criminal charges.
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Who issues an indictment in the legal system?
In the U.S. legal system, a grand jury issues an indictment, which is a formal, written accusation of a crime. The grand jury is a group of laypersons who examine accusations against someone charged with a crime.
If the evidence presented warrants it, the grand jury makes formal charges, which then go to court for trial. The indictment establishes the court's jurisdiction, notifies defendants of the charges, and prevents a second prosecution for the same offense. A simple majority of grand jurors is required to return an indictment.
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Why is an indictment important in criminal cases?
In the United States, an indictment is a formal, written accusation of a crime, affirmed by a grand jury, which then presents it to a court for the trial of the accused.
An indictment is important because it establishes the court's jurisdiction, offers defendants adequate notice of the charges against them, enables the court to pronounce judgment upon conviction, and prevents a second prosecution for the same offense. The Fifth Amendment to the U.S. Constitution requires a grand jury indictment for federal prosecutions.
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How does a grand jury relate to indictments?
A grand jury is a group of people who examine accusations against someone charged with a crime. The grand jury does not decide guilt or innocence but decides whether there is probable cause to believe that a person has committed a crime.
If the evidence warrants, the grand jury makes formal charges, which is called an indictment, which is a formal accusation of a crime. The accused must stand trial before a petit jury, who determines guilt beyond a reasonable doubt.
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What information is typically included in an indictment?
An indictment is a formal, written accusation of a crime, affirmed by a grand jury, that is presented to a court to start a criminal trial in the United States.
An indictment must fulfill certain requirements to be valid:
- It must establish the court's jurisdiction to try the case.
- It must provide adequate notice to the defendant of the charges against them.
- It must enable the court to pronounce judgment upon conviction.
- It must prevent a second prosecution for the same offense.
The indictment should be a plain, concise, and definite written statement of the essential facts that constitute the offense charged.
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How does an indictment affect what happens in a trial?
An indictment is a formal accusation of a crime, issued by a grand jury, which then starts the trial process. The indictment has to show the court has jurisdiction, notify defendants of the charges, allow the court to convict, and prevent double jeopardy.
During the trial, the indictment ensures the accused is tried on the charges presented, and the defense can raise objections if the indictment is defective. The grand jury does not decide guilt or innocence, but determines whether there is enough cause to believe that a crime was committed.
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Indictment, in the United States, a formal written accusation of crime affirmed by a grand jury and presented by it to a court for trial of the accused. The grand jury system was eliminated in England in 1933, and current law there provides for a bill of indictment to be presented to the court when the person accused has been committed to trial by a magistrate and in certain other cases.
An indictment must establish the jurisdiction of the court to try the case, provide adequate notice to the defendants of the charges against them, enable the court to pronounce judgment upon conviction, and prevent a second prosecution for the same offense (see double jeopardy). The indictment at common law was an instrument of remarkable prolixity, and formal requirements of the document and the modes of alleging elements of the offense were strictly enforced; amendments were not permitted. Modern indictments in England have been simplified as to form and language. Each charge must be in a separate count, but any number of felonies and misdemeanours may be joined in the same indictment. A defective indictment may be amended unless “the required amendments cannot be made without injustice.”
In the United States, where a grand jury indictment is required by the Fifth Amendment to the U.S. Constitution for federal prosecutions, the Federal Rules of Criminal Procedure (1946), applicable to federal district courts, provide that the indictment “shall be a plain, concise, and definite written statement of the essential facts constituting the offense charged.” No formal requirements as to commencement or conclusion are made. The federal procedure, as well as that of many states, authorizes the granting of “bills of particulars” to defendants when additional details about matters alleged in the indictment are required in the interest of justice. In the United States, as in England, the indictment may contain several counts. Each count must adequately allege a single offense. Several counts may allege different versions of the same offense, but counts alleging different offenses may be joined in the same indictment. If the offenses charged are alleged to have been committed by more than one person, all persons charged may be tried on the same indictment.
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Attacks on the indictment may include assertions that a count is duplicative (i.e., charges more than one offense), that various formal errors were committed in drafting the instrument, that the language of the indictment does not sufficiently allege the material elements of the offense, and many others. Failure to raise objections to the indictment at the appropriate time ordinarily constitutes waiver of the objections except when the defects are fundamental—e.g., when there is failure to show the jurisdiction of the court or to charge an offense.
In England, crimes are classified as indictable or summary offenses. Indictable offenses include treason, felonies, and some misdemeanours. Under modern English law, crimes designated as summary offenses may be tried on indictment if the prescribed penalties include imprisonment for more than three months. In the United States the indictment is only one of three principal methods of charging offenses, the others being the information (i.e., a written accusation resembling an indictment, prepared and presented to the court by a prosecuting official) and, for petty offenses, a complaint of the aggrieved party or of a police officer.
In the United States the Fifth Amendment provides that trial of “capital or otherwise infamous” crimes be based on indictment by a grand jury. Infamous crimes have been defined as offenses punishable by death (see capital punishment) or imprisonment in a penitentiary or by hard labour. The U.S. Supreme Court has held that, while this language in the Fifth Amendment applies to federal prosecutions, it is not binding on the states. Federal courts and the states usually permit waiver of the indictment by the defendant, allowing the case to go to trial on the basis of the prosecutor’s information. Beginning in the 19th century, some states eliminated grand juries and authorized, with various regulations, the prosecution of all crimes by information. Most states retain grand juries at the discretion of the prosecutor but give the accused no right to have the charges against them reviewed by a grand jury.