Indictment

Indictment

Introduction to Indictment

Indictment, in criminal law, a formal, written accusation of crime against a person, presented by a grand jury to a court, and upon which the accused person is subsequently tried. The requisites of a valid indictment are that it contain a statement of the time and place of the commission of the offense and the material facts charged against the accused, and that it be found “a true bill” and be signed by the foreperson of the grand jury.

As an integral part of the grand jury system, the process of indictment has long been regarded as a guarantee against arbitrary prosecution for offenses against the state. The 5th Amendment to the U.S. Constitution provides that “no person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury.” Many state constitutions contain a similar provision applying to state courts.” (1)

Concept of Indictment

Note: explore also the meaning of this legal term in the American Ecyclopedia of Law.

Resources

See Also

  • Judiciary

Resources

See Also

  • Criminal Law
  • Criminal Procedure

Resources

Notes and References

Guide to Indictment


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