An indictment is a formal legal document that charges an individual or organization with a criminal offense. It is issued by a grand jury after they review evidence presented by a prosecutor and determine there is sufficient probable cause to believe the person or organization committed the alleged crime. An indictment officially initiates criminal proceedings against the accused.
Key Points:
- Purpose: An indictment ensures that charges are not brought arbitrarily but based on evidence that justifies further prosecution.
- Issued by a Grand Jury: In jurisdictions that use grand juries, the indictment is a result of their deliberations. Not all legal systems require grand juries; some use alternative methods like a prosecutor filing charges directly.
- Contents: An indictment typically includes:
- The specific charges (e.g., the alleged crime).
- Relevant laws violated.
- Factual details supporting the allegations.
- Types of Crimes: Indictments are commonly associated with serious crimes, known as felonies, but may also apply to certain misdemeanors in some cases.
- Legal Requirement: In the U.S., the Fifth Amendment to the Constitution requires an indictment for federal felony cases, though states may have their own processes.
Example:
If a person is accused of fraud, the prosecutor presents evidence to a grand jury. If the grand jury agrees there is probable cause, they issue an indictment formally accusing the person of fraud. The person is then arrested or summoned to court to respond to the charges.
Would you like to know more about the grand jury process or the steps following an indictment?