Presentment in the United States
A criminal accusation made by a grand jury acting on its own initiative. A presentment takes the form of a bill of indictment, but it is individually signed by all grand jury members voting to return it.
See Also
Grand Jury (Criminal Process) Indictment (Criminal Process).
Analysis and Relevance
Grand juries possess broad investigative powers. They have the authority to compel appearance of witnesses and the production of records. Normally a grand jury considers only those matters brought before it by a prosecutor. A grand jury may, however, investigate on its own when a prosecutor fails or chooses not to pursue certain lines of inquiry. This may occur when a grand jury is examining the possibility of misconduct by government officials. In such cases, the grand jury may return a presentment that requires a prosecutor to pursue those accusations it deems appropriate. In other words, a presentment is an instruction from a grand jury that an indictment be prepared.
Notes and References
- Definition of Presentment from the American Law Dictionary, 1991, California
Presentment Definition
In Criminal Practice. The written notice taken by a grand jury of any offense, from their own knowledge or observation, without any bill of indictment laid before them at the suit of the government. 4 Bl. Comm. 301; 109 Gal. 448; 183 Mich. 207. Upon such presentment, when proper, the officer employed to prosecute afterwards frames a bill of indictment, which is then sent to the grand jury, and they find it to be a true bill. In an extended sense, presentments include not only what are properly so called, but also inquisitions of office and indictments found by a grand jury. 2 Hawk. P. C. c. 25, § 1. The difference between a presentment and an inquisition is this: that the former is found by a grand jury authorized to inquire of offenses generally, whereas the latter is an accusation found by a jury specially returned to inquire concerning a particular offense. 2 Hawk. P. C. c. 25, § 6. See, generally, Comyn, Dig. “Indictment” (B) ; Bac. Abr. “Indictment” (A) ; 1 Chit. Crim. Law, 163; 7 East, 387; 1 Meigs (Tenn.) 112; 11 Humph. (Tenn.) The chief distinctipn between an indictment and a presentment at common law was that the former was made at the suggestion of the crown, while the latter was made upon the knowledge of one or more of the jurors, and instead of being indorsed “a true bill” by the foreman alone, was signed by all of the jurors. The writing which contains the accusation so presented by a grand jury. 1 Brock. In Contracts. The production of a bill of exchange or promissory note to the party on whom the former is drawn, for his acceptance, or to the person bound to pay either, for payment
Presentment in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Presentment | Presentment in the World Legal Encyclopedia. |
| Presentment | Presentment in the European Legal Encyclopedia. |
| Presentment | Presentment in the Asian Legal Encyclopedia. |
| Presentment | Presentment in the UK Legal Encyclopedia. |
| Presentment | Presentment in the Australian Legal Encyclopedia. |
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| Presentment | Presentment in the Family Law Portal of the American Encyclopedia of Law. |
| Presentment | Presentment in the IP Portal of the American Encyclopedia of Law. |
| Presentment | Presentment in the Commercial Law Portal of the American Encyclopedia of Law. |
| Presentment | Presentment in the Criminal Law Portal of the American Encyclopedia of Law. |
| Presentment | Presentment in the Antritrust Portal of the American Encyclopedia of Law. |
| Presentment | Presentment in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Presentment | Presentment in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Presentment | Presentment in the Tax Law Portal of the American Encyclopedia of Law. |
| Presentment | Presentment in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Presentment | Presentment in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Presentment | Presentment in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Presentment | Presentment in the Environmental Law Portal of the American Encyclopedia of Law. |
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| Resource | Description |
|---|---|
| Presentment in the Dictionaries | Presentment in our legal dictionaries |
| http://lawi.us/presentment | The URI of Presentment (more about URIs) |
| Presentment related entries | Find related entries of Presentment |
Legal Issue for Attorneys
In Criminal Practice. The written notice taken by a grand jury of any offense, from their own knowledge or observation, without any bill of indictment laid before them at the suit of the government. 4 Bl. Comm. 301; 109 Gal. 448; 183 Mich. 207. Upon such presentment, when proper, the officer employed to prosecute afterwards frames a bill of indictment, which is then sent to the grand jury, and they find it to be a true bill. In an extended sense, presentments include not only what are properly so called, but also inquisitions of office and indictments found by a grand jury. 2 Hawk. P. C. c. 25, § 1. The difference between a presentment and an inquisition is this: that the former is found by a grand jury authorized to inquire of offenses generally, whereas the latter is an accusation found by a jury specially returned to inquire concerning a particular offense. 2 Hawk. P. C. c. 25, § 6. See, generally, Comyn, Dig. “Indictment” (B) ; Bac. Abr. “Indictment” (A) ; 1 Chit. Crim. Law, 163; 7 East, 387; 1 Meigs (Tenn.) 112; 11 Humph. (Tenn.) The chief d
istinctipn between an indictment and a presentment at common law was that the former was made at the suggestion of the crown, while the latter was made upon the knowledge of one or more of the jurors, and instead of being indorsed “a true bill” by the foreman alone, was signed by all of the jurors. The writing which contains the accusation so presented by a grand jury. 1 Brock. In Contracts. The production of a bill of exchange or promissory note to the party on whom the former is drawn, for his acceptance, or to the person bound to pay either, for payment
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Notice
This definition of Presentment Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Presentment
United States Constitution
According to the Encyclopedia of the American Constitution, about its article titled 298 PRESENTMENTA presentment is a written accusation of criminal offense prepared, signed, and presented to the prosecutor by the members o
f a grand jury, acting on their own initiative rather than in response to a bill of indictment brought before them by the government. By returning a presentment,
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Presentment (Bank Collections)
This section introduces, discusses and describes the basics of presentment. Then, cross references and a brief overview about Bank Collections is provided. Finally, the subject of Commercial Law in relation with presentment is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Resources
See Also
indictment.
Further Reading (Articles)
Electronic Presentment Due for N.Y. Test, American Banker; July 27, 1992; Iida. Jeanne
Electronic Check Presentment Is Ready for the Challenge of Same-Day Settlement, American Banker; December 1, 1993; Brubaker, Robert Lewis, Wyn Terkhorn, Robert
Reviving Federal Grand Jury Presentments, The Yale Law Journal; March 1, 1994; Lettow, Renee B.
The economics of electronic conversion.(electronic bill presentment), Information Systems Auditor; September 22, 2003; Dunford, Ian
CUs Strongly Urged To Find Salvation In Bill Presentment.(Brief Article), Credit Union Journal; April 17, 2000; Diekmann, Frank J.
Bank One Plans to Stop E-Bill Presentment, American Banker; July 21, 2003; Wade, Will
In E-Billing, Presentment Still Lags Payment, American Banker; June 17, 2003; Wade, Will
Lack Of Efficient System For Electronic Bill Presentment Seen As Hurdle., Banking Wire; July 7, 2003; Wade, Will
Patent Issued for System, Computer Program and Method for Processing Presentment and Adjustment Information to Institutions Participating in a Regional or National Clearing House, Computer Weekly News; February 14, 2013
Will Presentment Growth Enliven Online Bill Pay?, American Banker; February 2, 2005; Bills, Steve
One-Click Check Presentment, ABA Banking Journal; November 1, 2000; Cocheo, Steve
Chase Puts Priority on Electronic Bill Presentment, American Banker; March 22, 1999; Costanzo, Chris
Can Banks Catch Up to Billers in Presentment?, American Banker; March 28, 2006; Costanzo, Chris
Presentment Warranties under the UCC Do Not Apply to Counterfeit Checks, Mondaq Business Briefing; September 13, 2013; Sholinsky, Edward
SHAKEOUT IN BILL PRESENTMENT/PAYMENT.(Brief Article), US Banker; July 1, 2001
1st Union Joins Electronic Check Presentment Group, American Banker; December 21, 1994; Marjanovic, Steven
Key Role in Check Presentment Wanted, American Banker; April 27, 1992; Iida, Jeanne
Banc One Taking the Plunge into Internet Presentment, American Banker; May 19, 1998; Clark, Drew
Payment or presentment: Which is more important?, Today; October 1, 1999; Braun, Douglas E
Electronic Bill Presentment and Payment-Is It Just a Click Away?, Economic Perspectives; December 22, 2001; Andreeff, Alexandria Binmoeller, Lisa C. Boboch, Eve M. Cerda, Oscar Chakravorti, Sujit Ciesielski, Thomas Green, Edward
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