Indictment

Definition

An indictment is a formal charge or accusation of a serious crime, typically issued by a grand jury. This legal document serves as the basis for prosecuting a defendant in a court of law and represents a critical step in the criminal justice process, indicating that there is sufficient evidence to bring a case to trial. The indictment outlines the specific charges against the accused and is essential for ensuring that individuals are informed of the crimes they are being accused of, upholding the principle of due process.

5 Must Know Facts For Your Next Test

1. Indictments are usually issued in felony cases, but not all charges require an indictment; some can proceed via a simpler information filed by a prosecutor.
2. The grand jury process allows for secrecy, meaning that the accused typically does not know they are under investigation until an indictment is handed down.
3. In many jurisdictions, an indictment requires a supermajority vote from the grand jury, which is often made up of 16 to 23 jurors.
4. An indictment does not determine guilt or innocence; it merely states that there is probable cause to believe that a crime has occurred.
5. Defendants can challenge indictments in court if they believe there was insufficient evidence presented to the grand jury.

Review Questions

• How does the process of obtaining an indictment involve the role of a grand jury, and why is this process important?
  • The grand jury plays a crucial role in the indictment process by evaluating evidence presented by prosecutors to determine if there is enough basis for formal charges. This process is important because it acts as a safeguard against unfounded accusations, ensuring that individuals are not brought to trial without sufficient evidence. The grand jury's decision must reflect a collective judgment, which adds an additional layer of scrutiny before someone faces serious legal consequences.
• Discuss the implications of an indictment on the legal rights of the accused and how it relates to the principle of due process.
  • An indictment has significant implications for the legal rights of the accused, as it formally informs them of the specific charges they face and provides them with an opportunity to prepare their defense. This aligns with the principle of due process, which mandates that individuals must be given notice and an opportunity to be heard before being deprived of their liberty. The requirement for an indictment helps protect against arbitrary or unjust prosecutions by ensuring that there is substantial evidence before someone is subjected to trial.
• Evaluate how the grand jury system impacts public perception of justice in criminal cases involving indictments and potential biases within this system.
  • The grand jury system can significantly influence public perception of justice in criminal cases since it operates largely behind closed doors without public oversight. While it serves as a mechanism for checks and balances in prosecutorial discretion, concerns about biases can arise, such as whether grand juries are more likely to favor prosecutors. This perception may lead to distrust among communities who feel that systemic inequalities exist in how cases are indicted, ultimately affecting views on fairness within the criminal justice system.

Related terms

Grand Jury: A group of citizens convened to review evidence and determine whether there is enough grounds to indict a suspect for a crime.

Felony: A serious crime, typically punishable by imprisonment for more than one year or by death.

Prosecution: The legal proceedings initiated against an individual accused of committing a crime, typically conducted by a state attorney.