Indictment: Meaning and Definition
What is an Indictment?
An indictment is a formal accusation that a person has committed a crime.
It is typically written by a prosecuting attorney and presented to a grand jury.
What is the Purpose of an Indictment?
The purpose of an indictment is to:
- Inform the accused of the charges against them
- Provide the accused with an opportunity to prepare a defense
- Protect the accused from being tried for the same crime twice
What are the Elements of an Indictment?
An indictment must contain the following elements:
- The name of the accused
- The date and location of the alleged crime
- A statement of the facts constituting the crime
- A statement of the applicable law
What is the Difference Between an Indictment and an Information?
An indictment is different from an information in that it is issued by a grand jury, while an information is issued by a prosecutor.
Additionally, an indictment requires a higher level of proof than an information.
What is the Role of a Grand Jury in an Indictment?
A grand jury is a group of citizens who determine whether there is sufficient evidence to indict a person for a crime.
If the grand jury finds that there is sufficient evidence, they will issue an indictment.
What Happens After an Indictment is Issued?
Once an indictment is issued, the accused will be arraigned, which is a formal reading of the charges against them.
The accused will then enter a plea of guilty or not guilty.
If the accused pleads guilty, they will be sentenced.
If the accused pleads not guilty, they will go to trial.
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