Indictment: Formal Accusation in Criminal Law

A formal charge issued by a grand jury stating that there is sufficient evidence to charge someone with a crime.

An indictment is a formal accusation that initiates a criminal case. It is a legal document issued by a grand jury, asserting that there is sufficient evidence to charge an individual with a crime. This process ensures that a person cannot be held for serious criminal charges without adequate grounds.

Definition and Explanation

An indictment serves as a critical step in the legal process within the criminal justice system. It is built upon the principle that no person should face serious criminal accusations without first having those accusations reviewed by an independent body—the grand jury.

The Grand Jury Process

Grand Jury: A group of citizens convened to examine the validity of an accusation before trial.

• The grand jury examines the evidence presented by the prosecution.
• If the jury finds the evidence compelling, it issues an indictment.
• If not, the charges may be dismissed.

Types of Indictments

• True Bill: An indictment returned when a grand jury finds enough evidence to charge the accused.
• No Bill: A decision by the grand jury that the evidence does not support the charges.

Historical Context

Historically, the concept of indictment arose as a safeguard against arbitrary arrest and detention. Originating in the English common law, the grand jury system was adopted by the United States and other jurisdictions to protect against capricious prosecutorial power.

Applicability

Indictments are applicable primarily in jurisdictions that employ the grand jury system, notably the United States. Some other countries may use similar mechanisms but may not use the grand jury system in the same way.

Special Considerations

• Double Jeopardy: Once a grand jury issues a “no bill,” the same charges cannot be tried again.
• Secrecy: Proceedings of the grand jury are typically held in secrecy to protect both the accused and the process.

Comparison with Information

An indictment should not be confused with an “information,” which is a formal charge initiated by a prosecutor without the need for a grand jury.

Related Terms

• Subpoena: A document ordering a person to attend court.
• Arraignment: A court proceeding where the accused is formally charged.
• Felony: A serious criminal offense, generally the focus of grand jury indictments.

FAQs

How does an indictment differ from a preliminary hearing?

An indictment is issued by a grand jury, while a preliminary hearing is a proceeding where a judge determines whether there is enough evidence to require a trial.

Can an indictment be dismissed?

Yes, an indictment can be dismissed if new evidence emerges that exonerates the accused, or if the prosecutor decides to drop the charges.

Is an indictment public record?

Once an indictment is issued, it typically becomes part of the public record, although the grand jury proceedings themselves remain confidential.

References

• “Black’s Law Dictionary.” West Publishing Company.
• U.S. Department of Justice, “The Federal Grand Jury.”

Summary

An indictment is a foundational element in the criminal justice process, serving as a formal charge issued by a grand jury to ensure that there is sufficient evidence to prosecute an individual. Rooted in historic legal traditions, its primary purpose is to protect individuals from baseless accusations and to maintain the integrity of the judicial system.