What Is an Indictment?
An indictment is a formal legal document that officially charges someone with a serious crime. It is issued by a grand jury after reviewing evidence presented by prosecutors. Indictments are most common in felony cases and mark the transition from investigation to formal prosecution.
Simple Definition
An indictment is a written statement issued by a grand jury that formally accuses a person of committing a crime. It outlines the charges and gives the defendant notice of the allegations. Without an indictment in certain serious cases, prosecutors cannot proceed to trial.
Real-Life Examples
- Fraud cases: A business executive is indicted for wire fraud after months of investigation.
- Drug trafficking: A grand jury issues an indictment against several individuals for distributing narcotics.
- Public corruption: A government official is indicted for accepting bribes.
- White-collar crime: Indictments are common in insider trading and financial misconduct cases.
Importance of the Term
- Protects rights: Ensures citizens cannot be tried for serious crimes without evidence reviewed by a group of peers.
- Formality: Provides a structured process that transitions investigations into prosecutions.
- Transparency: Informs defendants of the specific charges against them.
- Check on power: Prevents prosecutors from unilaterally charging people in certain serious cases.
Comparison (Indictment vs. Information)
| Factor | Indictment | Information |
|---|---|---|
| Issued by | Grand jury | Prosecutor |
| Use | Required for most federal felonies | Used for misdemeanors or lesser crimes |
| Purpose | Formal accusation by peers | Direct accusation by state attorney |
FAQ
1) Who decides whether to issue an indictment?
A grand jury of citizens decides after hearing evidence from prosecutors.
2) Does an indictment mean someone is guilty?
No. It only means there is enough evidence to proceed to trial.
3) Are indictments public?
Most indictments are made public once filed, though some remain sealed until arrests are made.
4) Can a person be arrested before indictment?
Yes. Arrests can occur during investigations, but indictments are needed to formally prosecute serious crimes.
5) Do all crimes require an indictment?
No. Indictments are generally required for felonies, while misdemeanors are often charged directly by prosecutors.
Closing
An indictment is a crucial safeguard in criminal law, ensuring that prosecutions for serious crimes are supported by evidence and approved by a grand jury. It marks the beginning of formal legal proceedings but does not determine guilt.
