Indictment: The Formal Charge in Criminal Proceedings
The Role of the Grand Jury
In the United States, the criminal justice process involves two distinct types of juries: a grand jury and a trial jury. A grand jury typically consists of a larger number of residents chosen at random, while a trial jury is responsible for determining the guilt or innocence of a defendant.
What is an Indictment?
An indictment is the formal accusation or charge issued by a grand jury. It is the instrument used by the US Department of Justice to initiate federal criminal charges. The indictment outlines the specific criminal offense(s) being charged and provides a brief description of the alleged conduct.
Probable Cause
Before issuing an indictment, the grand jury must determine whether there is probable cause to believe that a crime has been committed and that the accused individual is responsible for it. This determination is based on the evidence presented to the grand jury by prosecutors, including witness testimony, documents, and physical evidence.
Significance of an Indictment
Securing an indictment from a grand jury is an important step in the federal criminal process. It means that the grand jury has found sufficient evidence to establish probable cause and believes that the accused individual should be held accountable for their alleged actions. An indictment is often seen as a public declaration of guilt, even though the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a trial.
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