Indictment in the United States
A formal accusation brought by a grand jury. If a grand jury decides by a majority vote to return a “true bill;” an indictment is issued after consideration of evidence presented by a prosecutor. A true bill represents a grand jury finding that the prosecutor has established probable cause that a person has committed a crime. The true bill also reflects the grand jury’s finding that it is reasonable to make a person stand trial on a criminal charge. The true bill is itself an accusation. Grand jury decisions to indict need not be unanimous. Indeed, most of the states that use grand juries require a two-thirds or three-quarters majority to return an indictment. If a grand jury does not indict at the request of a prosecutor, the case can generally be reintroduced before another grand jury.
See Also
Grand Jury (Criminal Process);
Information (Criminal Process).
Analysis and Relevance
The indictment is a means of protecting individuals from arbitrary or unjust prosecution. It is part of the complex winnowing process aimed at preventing individuals from having to undergo the stress and expense of trial unless substantial evidence of wrongdoing exists. Indictment retlects the grand jury s accusatorial function. Grand juries are also used as a means of information gathering. Under terms of the Fifth Amendment, a grand jury indictment is required in the prosecution of federal offenses, at least for serious crimes. In addition, thirty-two states use grand juries for at least some of their criminal cases. While the grand jury system remains in many states, it tends to be inefficient and expensive. The alternative to indictment is the information, a preliminary hearing process where a prosecutor directly petitions a court to bring criminal charges.
Notes and References
- Definition of Indictment from the American Law Dictionary, 1991, California
Indictment Definition
In criminal practice. A written accusation against one or more persons of a crime or misdertieanor, presented to, and preferred upon oath or affirmation by, a grand jury legally convoked. 4 Bl. Comm. 299; Co. Litt. 126; 2 Hale, P. C. 152; Bac. Abr.; Comyn, Dig.; 1 Chit. Grim. Law, 168. An accusation at the suit of the crown, found to be true by the oaths of a grand jury. A written accusation of one or more persons of a crime or misdemeanor, preferred to and presented on oath by a grand jury, and by assent of twelve at least. 12 Conn. 452. The word is said to be derived from the old French word inditer, which signifies to indicate, to show, or point out. Its object is to indicate the offense charged against the accused. Rey des Inst. I’Angl. torn. 2, p. 347. A distinction has been taken between indictment and presentment, the former being a bill of indictment presented to the grand jury by the prosecuting officer, and by it found to be a true bill; while the latter is a return made by the grand jury of its own motion, upon which a bill of indictment was subsequently framed. 4 Bl. Comm. 301; 7 Grat. (Va.) 631. This distinction is no longer of much practical importance; an indictment in modern practice being both a finding and a presentment. See 9 Gray (Mass.) 290.
Indictment in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Indictment | Indictment in the World Legal Encyclopedia. |
| Indictment | Indictment in the European Legal Encyclopedia. |
| Indictment | Indictment in the Asian Legal Encyclopedia. |
| Indictment | Indictment in the UK Legal Encyclopedia. |
| Indictment | Indictment in the Australian Legal Encyclopedia. |
Browse the American Encyclopedia of Law for Indictment
Scan Indictment in the appropriate area of law:
| Link | Description |
|---|---|
| Indictment | Indictment in the Family Law Portal of the American Encyclopedia of Law. |
| Indictment | Indictment in the IP Portal of the American Encyclopedia of Law. |
| Indictment | Indictment in the Commercial Law Portal of the American Encyclopedia of Law. |
| Indictment | Indictment in the Criminal Law Portal of the American Encyclopedia of Law. |
| Indictment | Indictment in the Antritrust Portal of the American Encyclopedia of Law. |
| Indictment | Indictment in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Indictment | Indictment in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Indictment | Indictment in the Tax Law Portal of the American Encyclopedia of Law. |
| Indictment | Indictment in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Indictment | Indictment in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Indictment | Indictment in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Indictment | Indictment in the Environmental Law Portal of the American Encyclopedia of Law. |
Explore other Reference Works
| Resource | Description |
|---|---|
| Indictment in the Dictionaries | Indictment in our legal dictionaries |
| http://lawi.us/indictment | The URI of Indictment (more about URIs) |
| Indictment related entries | Find related entries of Indictment |
Legal Issue for Attorneys
In criminal practice. A written accusation against one or more persons of a crime or misdertieanor, presented to, and preferred upon oath or affirmation by, a grand jury legally convoked. 4 Bl. Comm. 299; Co. Litt. 126; 2 Hale, P. C. 152; Bac. Abr.; Comyn, Dig.; 1 Chit. Grim. Law, 168. An accusation at the suit of the crown, found to be true by the oaths of a grand jury. A written accusation of one or more persons of a crime or misdemeanor, preferred to and presented on oath by a grand jury, and by assent of twelve at least. 12 Conn. 452. The word is said to be derived from the old French word inditer, which signifies to indicate, to show, or point out. Its object is to indicate the offense charged against the ac
cused. Rey des Inst. I’Angl. torn. 2, p. 347. A distinction has been taken between indictment and presentment, the former being a bill of indictment presented to the grand jury by the prosecuting officer, and by it found to be a true bill; while the latter is a return made by the grand jury of its own motion, upon which a bill of indictment was subsequently framed. 4 Bl. Comm. 301; 7 Grat. (Va.) 631. This distinction is no longer of much practical importance; an indictment in modern practice being both a finding and a presentment. See 9 Gray (Mass.) 290.
More Resources
Access Points to the American Encyclopedia of Law
Access to the Encyclopedia is provided by alphabetical arrangement of entries, table of cases, table of laws, briefs and tables of contents.
Legal Thesaurus Dictionary
Because some legal concepts are too complicated to compress to a single word or term, the legal thesaurus dictionary allows the reader to search for groups of terms, including synonyms, antonyms, expanded legal meanings and other terms the reader is likely to use. The resource includes lists, synonym rings , subject categories, taxonomies and a number of schemes.
Legal Indexes
The Index is a collection of entries to allow users to locate information in the Lawi Projects. After write down relevant words and phrases that you need, begin looking up the words and phrases using the index until you have located an applicable subject to review.
Indexes of All Encyclopedias:
A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | Z
| Index | Description |
|---|---|
| General Index | Index of general information about the Encyclopedia |
| Classified index | Headings arranged on the basis of relations among concepts represented by headings, based on the Lawi Classification Scheme |
| Topical Index | A comprehensive and easy guide to the topics of the legal Encyclopedia |
| Citation Index | Index of links between citing and cited entries |
| Subject Index | Identify and describe the subjects of the Encyclopedia |
| Alphabetical Index | A-Z Index of all the Entries |
| Thematic Index | Correlation of terms in a meaningful hierarchical order |
| Permutation Index | A type of index in which significant words in the titles function as subject headings |
| Browse Index | Browse the Encyclopedia by Index |
| Sitemap Index | Sitemap Index, including Taxonomies |
Notice
This definition of Indictment Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Practical Information
Note: Some of this information was last updated in 1982
An accusation in writing found and presented by a grand jury, legally convoked and sworn, to the court in which it is impaneled, charging that a person therein named has done some act, or been guilty of some omission, that, by law, is a public offense, punishable on indictment.
What is Indictment?
For a meaning of it, read Indictment in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Indictment.
Indictment
United States Constitution
According to the Encyclopedia of the American Constitution, about its article titled INDICTMENTAn indictment is a formal written accusation charging an individual with a crime. An indictment is issued by a grand jury when, in its view, there is probable cause to believe that an individual has committed a crime.Indictments generally arise in two ways. Most commonly, a prosecutor
(read more about Constitutional law entries here).
Some Constitutional Law Popular Entries
- Constitutional Law Outline
- Constitutional Law Outline (United States)
- Constitutional Lawyer
- Constitutional Law of India
- Constitutional Law Definition
- Constitutional Law Cases
- Constitutional Law Cases (United States)
Concept of Indictment
In the U.S., in the context of Judiciary power and branch, Indictment has the following meaning: In criminal law, an indictment is a formal written accusation submitted to a court by a grand jury alleging that a specific person has committed a specific crime, usually a felony. An indictment is a method of charging someone with the commission of one or more offenses and indicating to the court that there are sufficient grounds to proceed with a trial. (Source of this definition of Indictment : University of Texas)
Indictment
Indictment and Arrest Explained
References
See Also
- Criminal Law
- Criminal Procedure
Resources
See Also
- Judiciary Power
- Judiciary Branch
Indictment and Arrest Explained
References
See Also
- Criminal Law
- Criminal Procedure
Resources
See Also
Further Reading (Articles)
Indictments Depict Noriega As Drug-Trafficking Kingpin; U.S. Had Long Backed Panamanian Leader, The Washington Post; February 6, 1988; Joe Pichirallo
Indictment: NH Teens Targeted Others, AP Online; February 19, 2002; HARRY R. WEBER, Associated Press Writer
GANG INDICTMENTS GROW, Post-Tribune (IN); November 19, 2011
INDICTMENT CHARGES JAILED JOHNSTON MAN WITH CONNING INVENTOR, DEFRAUDING INVESTORS, US Fed News Service, Including US State News; March 27, 2009
INDICTMENTS RETURNED AGAINST MEMPHIS CITY COUNCILMEN PEETE, FORD, US Fed News Service, Including US State News; December 19, 2006
INDICTMENT DEPICTS DRUG SCHEME, The Boston Globe (Boston, MA); January 7, 1990; Michael Kranish, Globe Staff
FEDERAL INDICTMENTS UNSEALED IN CASE INVOLVING TRAFFICKING OF COUNTERFEIT GOODS, MONEY LAUNDERING, US Fed News Service, Including US State News; September 29, 2006
Indictment, American Law Yearbook 2007; January 1, 2008
INDICTMENT RETURNED AGAINST FORMER MED EMPLOYEE, US Fed News Service, Including US State News; December 20, 2006
Indictment Says Charity Official Funded Liaisons; Aramony Is Accused Of Soliciting Workers, The Washington Post; September 22, 1994; Charles E. Shepard
Indictment of ex-governor lays out web of corruption, International Herald Tribune; April 4, 2009; Monica Davey and Susan Saulny The New York Times
Iraq says Lebanon indictment to be delayed. The Daily Star (Beirut, Lebanon); December 18, 2010
Lebanon braces for indictment. The Daily Star (Beirut, Lebanon); June 28, 2011
SIXTEEN NAMED IN FEDERAL INDICTMENTS. States News Service; March 4, 2010
Public Corruption Indictments Returned in Hammond Federal Court April 16, 2014, States News Service; April 16, 2014
A 22-COUNT INDICTMENT WAS FILED AGAINST 6 PEOPLE IN CONNECTION WITH A MAJOR FRAUD AGAINST ST. PAUL CROATIAN FEDERAL CREDIT UNION IN EASTLAKE, OHIO, US Fed News Service, Including US State News; May 16, 2011
New Indictments and Sentencing Updates for Fraudulent Oil Spill Claims, US Fed News Service, Including US State News; July 12, 2012
THREE NAMED IN FEDERAL INDICTMENTS. States News Service; June 17, 2010
INSURANCE COMMISSIONER SEVIGNY, ATTORNEY GENERAL AYOTTE ANNOUNCE INDICTMENTS FOR AUTOMOBILE INSURANCE RELATED CRIMES, US Fed News Service, Including US State News; October 1, 2007
Grand Jury Returns Superseding Indictments in Homestead-Area Drug and Gun Cases, States News Service; August 7, 2013
“No Bill” Meaning in Law Enforcement
Also referred to as “not a true bill,” the “no bill” is the decision by the grand jury not to indict a person.
Indictment Meaning in Law Enforcement
The written formal charge of a crime by the grand jury, returned when 12 or more grand jurors vote in favor of it.
Indictment Definition in the context of the Federal Court System
The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed a crime to justify having a trial; it is used primarily for felonies. See also “information.”
Leave a Reply