Indictment: Difference between revisions

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An '''indictment''' ({{IPAc-en|ɪ|n|ˈ|d|aɪ|t|m|ən|t}}<ref>{{cite Dictionary.com|indictment |access-date=2019-08-12}}</ref> {{respell|in|DYTE|mənt}}) is a formal accusation that a [[legal person|person]] has committed a [[crime]]. In [[jurisdiction]]s that use the concept of felonies, the most serious [[criminal offense]] is a [[felony]]~~; jurisdictions~~ that do not use that concept often use that of an [[indictable offence]], which is an offence that requires an indictment.

An '''indictment''' ({{IPAc-en|ɪ|n|ˈ|d|aɪ|t|m|ən|t}}<ref>{{cite Dictionary.com|indictment |access-date=2019-08-12}}</ref> {{respell|in|DYTE|mənt}}) is a formal accusation that a [[legal person|person]] has committed a [[crime]]. In [[jurisdiction]]s that use the concept of felonies, the most serious [[criminal offense]] is a [[felony]]. Jurisdictions that do not use that concept often use that of an [[indictable offence]], which is an offence that requires an indictment.

==Australia==

[[Section 80 of the Constitution of Australia]] provides that "the trial on indictment of any offence against any law of the Commonwealth shall be by jury". The [[High Court of Australia]] has consistently used a narrow interpretation of this clause, allowing the [[Parliament of Australia]] to define which offences proceed on indictment rather than conferring a universal right to a jury trial. Section 4G of the ''[[Crimes Act 1914]]'' provides that "offences against a law of the Commonwealth punishable by imprisonment for a period exceeding 12 months are indictable offences, unless the contrary intention appears".<ref>{{cite news|url=https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/RP9697/97rp11|title=Trial by Jury|work=Research Papers 1996-97|first=Graham|last=Fricke|number=11|publisher=Australian Parliamentary Library|~~accessdate~~=7 January 2022}}</ref>

[[Section 80 of the Constitution of Australia]] provides that "the trial on indictment of any offence against any law of the Commonwealth shall be by jury". The [[High Court of Australia]] has consistently used a narrow interpretation of this clause, allowing the [[Parliament of Australia]] to define which offences proceed on indictment rather than conferring a universal right to a jury trial. Section 4G of the ''[[Crimes Act 1914]]'' provides that "offences against a law of the Commonwealth punishable by imprisonment for a period exceeding 12 months are indictable offences, unless the contrary intention appears".<ref>{{cite news|url=https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/RP9697/97rp11|title=Trial by Jury|work=Research Papers 1996-97|first=Graham|last=Fricke|number=11|publisher=Australian Parliamentary Library|access-date=7 January 2022}}</ref>

==Canada==

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The Indictment Rules 1971 were revoked by the Criminal Procedure (Amendment) Rules 2007<ref>{{cite web|url=http://www.legislation.gov.uk/uksi/2007/699/article/3/made |title=The Criminal Procedure (Amendment) Rules 2007 |website=Legislation.gov.uk |date=2014-01-06 |access-date=2016-01-21}}</ref> (on the whole) incorporated into the Criminal Procedure Rules 2010.<ref>{{cite web |url=http://www.justice.gov.uk/courts/procedure-rules/criminal/rulesmenu |title=Rules and Practice Directions |website=Justice.gov.uk |date=2015-10-20 |access-date=2016-01-21 |archive-date=2015-04-29 |archive-url=https://web.archive.org/web/20150429064342/http://www.justice.gov.uk/courts/procedure-rules/criminal/rulesmenu |url-status=dead }}</ref> The form and content and the service of an indictment are governed by Rule 14 of the CPR 2012.<ref>{{cite web|url=http://www.legislation.gov.uk/uksi/2012/1726/part/14/made |title=The Criminal Procedure Rules 2012 |website=Legislation.gov.uk |date=2015-08-03 |access-date=2016-01-21}}</ref> Additional guidance is contained in the Consolidated Criminal Practice Direction Part IV.34.<ref>{{cite web |url=http://www.justice.gov.uk/courts/procedure-rules/criminal/practice-direction/part4#id6328219 |title=Part IV: Further Practice Directions Applying in The Crown Court – Criminal Procedure Rules |website=Justice.gov.uk |access-date=2016-01-21 |archive-date=2016-01-15 |archive-url=https://web.archive.org/web/20160115025628/http://www.justice.gov.uk/courts/procedure-rules/criminal/practice-direction/part4#id6328219 |url-status=dead }}</ref>

As to the preferring of a bill of indictment and the signing of an indictment, see section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 and the Indictments (Procedure) Rules 1971 (~~S.I.~~ 1971/2084) made thereunder, as amended and modified by the Indictments (Procedure) (Amendment) Rules 1983 (~~S.I.~~ 1983/284), the Indictments (Procedure) (Amendment) Rules 1988 (~~S.I.~~ 1988/1783), the Indictments (Procedure) (Amendment) Rules 1992 (~~S.I.~~ 1992/284), the Indictments (Procedure) (Amendment) Rules 1997 (~~S.I.~~ 1997/711), the Indictments (Procedure) (Modification) Rules 1998 (~~S.I.~~ 1998/3045) and the Indictments (Procedure) (Amendment) Rules 2000 (~~S.I.~~ 2000/3360).

As to the preferring of a bill of indictment and the signing of an indictment, see section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 and the Indictments (Procedure) Rules 1971 (SI 1971/2084) made thereunder, as amended and modified by the Indictments (Procedure) (Amendment) Rules 1983 (SI 1983/284), the Indictments (Procedure) (Amendment) Rules 1988 (SI 1988/1783), the Indictments (Procedure) (Amendment) Rules 1992 (SI 1992/284), the Indictments (Procedure) (Amendment) Rules 1997 (SI 1997/711), the Indictments (Procedure) (Modification) Rules 1998 (SI 1998/3045) and the Indictments (Procedure) (Amendment) Rules 2000 (SI 2000/3360).

=== Northern Ireland ===

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The [[Fifth Amendment to the Constitution of the United States|Fifth Amendment]] of the [[Constitution of the United States|United States Constitution]] states in part: "No person shall be held to answer for a [[Capital punishment in the United States#Capital crimes|capital]], or otherwise infamous crime, unless on a presentment or indictment of a [[Grand juries in the United States|Grand Jury]], except in cases arising in the land or naval forces, or in the Militia when in actual service in time of War or public danger." The requirement of an indictment has not been [[incorporation of the Bill of Rights|incorporated]] against the states; therefore, even though the federal government uses grand juries and indictments, not all states do.<ref>{{cite court |litigants= [[Hurtado v. California]] |vol= 110 |reporter= U.S. |opinion= 516 |date=1884 |url=https://supreme.justia.com/cases/federal/us/110/516/case.html }}</ref> As of 2019, all states besides Pennsylvania and Connecticut still use grand juries to indict suspects for some offenses.<ref>{{Cite web |date=2019-03-21 |title=Which States Use Criminal Grand Juries? |url=https://www.findlaw.com/legalblogs/criminal-defense/which-states-use-criminal-grand-juries/ |first1= Daniel |last1=Taylor |access-date=2023-03-17 |website=FindLaw |language=en}}</ref>

In many jurisdictions that use grand juries, prosecutors often have a choice between seeking an indictment from a [[grand jury]] and filing a charging document directly with the court.<ref name=":0">{{Cite book |last1=Dressler |first1=Joshua |title=Criminal procedure: principles, policies, and perspectives |date=2020 |first2=George C. |last2=Thomas |first3=Daniel S. |last3=Medwed |publisher=West Academic Publishing |isbn=978-1-64242-236-8 |edition=7 |location=St. Paul, MN |pages=857–900, 1097–1101 |oclc=1163600897}}</ref> Such a document is usually called an ''[[Information (formal criminal charge)|information]]'', ''accusation'', or ''complaint'', to distinguish it from a grand-jury indictment. To protect the suspect's [[due process]] rights in felony cases (where the suspect's interest in liberty is at stake), there is usually a [[preliminary hearing]], at which a judge determines whether there was probable cause to arrest the suspect who is in custody. If the judge finds such probable cause, they bind, or hold over, the suspect for trial.<ref name=":0" />

In many jurisdictions that use grand juries, prosecutors often have a choice between seeking an indictment from a [[grand jury]] and filing a charging document directly with the court.<ref name="DresslerThomasMedwed2020">{{Cite book |last1=Dressler |first1=Joshua |title=Criminal procedure: principles, policies, and perspectives |date=2020 |first2=George C. |last2=Thomas |first3=Daniel S. |last3=Medwed |publisher=West Academic Publishing |isbn=978-1-64242-236-8 |edition=7 |location=St. Paul, MN |pages=857–900, 1097–1101 |oclc=1163600897}}</ref> Such a document is usually called an ''[[Information (formal criminal charge)|information]]'', ''accusation'', or ''complaint'', to distinguish it from a grand-jury indictment. To protect the suspect's [[due process]] rights in felony cases (where the suspect's interest in liberty is at stake), there is usually a [[preliminary hearing]], at which a judge determines whether there was probable cause to arrest the suspect who is in custody. If the judge finds such probable cause, they bind, or hold over, the suspect for trial.<ref name="DresslerThomasMedwed2020" />

The substance of an indictment or other charging instrument is usually the same, regardless of the jurisdiction: it consists of a short and plain statement of where, when, and how the defendant allegedly committed the offense. Each offense is usually set out in a separate ''count''. Indictments for complex crimes, particularly those involving [[conspiracy (criminal)|conspiracy]] or numerous counts, may run to hundreds of pages. In other cases, however, an indictment for a crime as serious as [[murder]] may consist of a single sheet of paper.

Indictable offenses are tried by [[jury]], unless the accused waives the right to a jury trial. Even though the [[Sixth Amendment to the United States Constitution|Sixth Amendment]] of the Constitution mandates the right to a jury trial in any criminal prosecution, the vast majority of criminal cases in the US are resolved by the [[Plea bargain|plea-bargaining]] process.<ref name=":0" />

Indictable offenses are tried by [[jury]], unless the accused waives the right to a jury trial. Even though the [[Sixth Amendment to the United States Constitution|Sixth Amendment]] of the Constitution mandates the right to a jury trial in any criminal prosecution, the vast majority of criminal cases in the US are resolved by the [[Plea bargain|plea-bargaining]] process.<ref name="DresslerThomasMedwed2020" />

==Types==

===Types===

A sealed indictment stays non-public, for various reasons, until it is unsealed (for example, once the indicted is arrested or notified by police).<ref>{{cite web |title=Sealed Criminal Document Procedures {{!}} District of Maryland {{!}} United States District Court |url=https://www.mdd.uscourts.gov/content/sealed-criminal-document-procedures |website=U.S. District Court |publisher=United States District Court, District of Maryland |access-date=3 March 2025}}</ref> A superseding indictment takes the place of the previously active one.<ref>{{cite news |last1=Iyer |first1=Kaanita |title=What is a superseding indictment? {{!}} CNN Politics |url=https://www.cnn.com/2023/07/28/politics/what-is-superseding-indictment-trump/index.html |access-date=3 March 2025 |work=CNN |date=28 July 2023 |language=en}}</ref> A [[speaking indictment]] goes beyond the legally required statement of the elements of the charged crime(s) and also includes a narrative of the alleged underlying acts in more detail than the law requires.<ref>{{cite web |last1=Burton |first1=Preston |last2=Winter |first2=Jill |title=It Is Time to Muzzle the Speaking Indictment |url=https://www.nacdl.org/Article/SeptOct2024-ItIsTimetoMuzzletheSpeakingIndictment |website=NACDL |publisher=National Association of Criminal Defense Lawyers |access-date=3 March 2025 |language=en}}</ref>

@@ Line 3: / Line 3: @@
 {{Globalize|date=January 2022}}
-An '''indictment''' ({{IPAc-en|ɪ|n|ˈ|d|aɪ|t|m|ən|t}}<ref>{{cite Dictionary.com|indictment |access-date=2019-08-12}}</ref> {{respell|in|DYTE|mənt}}) is a formal accusation that a [[legal person|person]] has committed a [[crime]]. In [[jurisdiction]]s that use the concept of felonies, the most serious [[criminal offense]] is a [[felony]]; jurisdictions that do not use that concept often use that of an [[indictable offence]], which is an offence that requires an indictment.
+An '''indictment''' ({{IPAc-en|ɪ|n|ˈ|d|aɪ|t|m|ən|t}}<ref>{{cite Dictionary.com|indictment |access-date=2019-08-12}}</ref> {{respell|in|DYTE|mənt}}) is a formal accusation that a [[legal person|person]] has committed a [[crime]]. In [[jurisdiction]]s that use the concept of felonies, the most serious [[criminal offense]] is a [[felony]]. Jurisdictions that do not use that concept often use that of an [[indictable offence]], which is an offence that requires an indictment.
 ==Australia==
-[[Section 80 of the Constitution of Australia]] provides that "the trial on indictment of any offence against any law of the Commonwealth shall be by jury". The [[High Court of Australia]] has consistently used a narrow interpretation of this clause, allowing the [[Parliament of Australia]] to define which offences proceed on indictment rather than conferring a universal right to a jury trial. Section 4G of the ''[[Crimes Act 1914]]'' provides that "offences against a law of the Commonwealth punishable by imprisonment for a period exceeding 12 months are indictable offences, unless the contrary intention appears".<ref>{{cite news|url=https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/RP9697/97rp11|title=Trial by Jury|work=Research Papers 1996-97|first=Graham|last=Fricke|number=11|publisher=Australian Parliamentary Library|accessdate=7 January 2022}}</ref>
+[[Section 80 of the Constitution of Australia]] provides that "the trial on indictment of any offence against any law of the Commonwealth shall be by jury". The [[High Court of Australia]] has consistently used a narrow interpretation of this clause, allowing the [[Parliament of Australia]] to define which offences proceed on indictment rather than conferring a universal right to a jury trial. Section 4G of the ''[[Crimes Act 1914]]'' provides that "offences against a law of the Commonwealth punishable by imprisonment for a period exceeding 12 months are indictable offences, unless the contrary intention appears".<ref>{{cite news|url=https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/RP9697/97rp11|title=Trial by Jury|work=Research Papers 1996-97|first=Graham|last=Fricke|number=11|publisher=Australian Parliamentary Library|access-date=7 January 2022}}</ref>
 ==Canada==
@@ Line 22: / Line 22: @@
 The Indictment Rules 1971 were revoked by the Criminal Procedure (Amendment) Rules 2007<ref>{{cite web|url=http://www.legislation.gov.uk/uksi/2007/699/article/3/made |title=The Criminal Procedure (Amendment) Rules 2007 |website=Legislation.gov.uk |date=2014-01-06 |access-date=2016-01-21}}</ref> (on the whole) incorporated into the Criminal Procedure Rules 2010.<ref>{{cite web |url=http://www.justice.gov.uk/courts/procedure-rules/criminal/rulesmenu |title=Rules and Practice Directions |website=Justice.gov.uk |date=2015-10-20 |access-date=2016-01-21 |archive-date=2015-04-29 |archive-url=https://web.archive.org/web/20150429064342/http://www.justice.gov.uk/courts/procedure-rules/criminal/rulesmenu |url-status=dead }}</ref> The form and content and the service of an indictment are governed by Rule 14 of the CPR 2012.<ref>{{cite web|url=http://www.legislation.gov.uk/uksi/2012/1726/part/14/made |title=The Criminal Procedure Rules 2012 |website=Legislation.gov.uk |date=2015-08-03 |access-date=2016-01-21}}</ref> Additional guidance is contained in the Consolidated Criminal Practice Direction Part IV.34.<ref>{{cite web |url=http://www.justice.gov.uk/courts/procedure-rules/criminal/practice-direction/part4#id6328219 |title=Part IV: Further Practice Directions Applying in The Crown Court – Criminal Procedure Rules |website=Justice.gov.uk |access-date=2016-01-21 |archive-date=2016-01-15 |archive-url=https://web.archive.org/web/20160115025628/http://www.justice.gov.uk/courts/procedure-rules/criminal/practice-direction/part4#id6328219 |url-status=dead }}</ref>
-As to the preferring of a bill of indictment and the signing of an indictment, see section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 and the Indictments (Procedure) Rules 1971 (S.I. 1971/2084) made thereunder, as amended and modified by the Indictments (Procedure) (Amendment) Rules 1983 (S.I. 1983/284), the Indictments (Procedure) (Amendment) Rules 1988 (S.I. 1988/1783), the Indictments (Procedure) (Amendment) Rules 1992 (S.I. 1992/284), the Indictments (Procedure) (Amendment) Rules 1997 (S.I. 1997/711), the Indictments (Procedure) (Modification) Rules 1998 (S.I. 1998/3045) and the Indictments (Procedure) (Amendment) Rules 2000 (S.I. 2000/3360).
+As to the preferring of a bill of indictment and the signing of an indictment, see section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 and the Indictments (Procedure) Rules 1971 (SI 1971/2084) made thereunder, as amended and modified by the Indictments (Procedure) (Amendment) Rules 1983 (SI 1983/284), the Indictments (Procedure) (Amendment) Rules 1988 (SI 1988/1783), the Indictments (Procedure) (Amendment) Rules 1992 (SI 1992/284), the Indictments (Procedure) (Amendment) Rules 1997 (SI 1997/711), the Indictments (Procedure) (Modification) Rules 1998 (SI 1998/3045) and the Indictments (Procedure) (Amendment) Rules 2000 (SI 2000/3360).
 === Northern Ireland ===
@@ Line 33: / Line 33: @@
 The [[Fifth Amendment to the Constitution of the United States|Fifth Amendment]] of the [[Constitution of the United States|United States Constitution]] states in part: "No person shall be held to answer for a [[Capital punishment in the United States#Capital crimes|capital]], or otherwise infamous crime, unless on a presentment or indictment of a [[Grand juries in the United States|Grand Jury]], except in cases arising in the land or naval forces, or in the Militia when in actual service in time of War or public danger." The requirement of an indictment has not been [[incorporation of the Bill of Rights|incorporated]] against the states; therefore, even though the federal government uses grand juries and indictments, not all states do.<ref>{{cite court |litigants= [[Hurtado v. California]] |vol= 110 |reporter= U.S. |opinion= 516 |date=1884 |url=https://supreme.justia.com/cases/federal/us/110/516/case.html }}</ref> As of 2019, all states besides Pennsylvania and Connecticut still use grand juries to indict suspects for some offenses.<ref>{{Cite web |date=2019-03-21 |title=Which States Use Criminal Grand Juries? |url=https://www.findlaw.com/legalblogs/criminal-defense/which-states-use-criminal-grand-juries/ |first1= Daniel |last1=Taylor |access-date=2023-03-17 |website=FindLaw |language=en}}</ref>
-In many jurisdictions that use grand juries, prosecutors often have a choice between seeking an indictment from a [[grand jury]] and filing a charging document directly with the court.<ref name=":0">{{Cite book |last1=Dressler |first1=Joshua |title=Criminal procedure: principles, policies, and perspectives |date=2020 |first2=George C. |last2=Thomas |first3=Daniel S. |last3=Medwed |publisher=West Academic Publishing |isbn=978-1-64242-236-8 |edition=7 |location=St. Paul, MN |pages=857–900, 1097–1101 |oclc=1163600897}}</ref> Such a document is usually called an ''[[Information (formal criminal charge)|information]]'', ''accusation'', or ''complaint'', to distinguish it from a grand-jury indictment. To protect the suspect's [[due process]] rights in felony cases (where the suspect's interest in liberty is at stake), there is usually a [[preliminary hearing]], at which a judge determines whether there was probable cause to arrest the suspect who is in custody. If the judge finds such probable cause, they bind, or hold over, the suspect for trial.<ref name=":0" />
+In many jurisdictions that use grand juries, prosecutors often have a choice between seeking an indictment from a [[grand jury]] and filing a charging document directly with the court.<ref name="DresslerThomasMedwed2020">{{Cite book |last1=Dressler |first1=Joshua |title=Criminal procedure: principles, policies, and perspectives |date=2020 |first2=George C. |last2=Thomas |first3=Daniel S. |last3=Medwed |publisher=West Academic Publishing |isbn=978-1-64242-236-8 |edition=7 |location=St. Paul, MN |pages=857–900, 1097–1101 |oclc=1163600897}}</ref> Such a document is usually called an ''[[Information (formal criminal charge)|information]]'', ''accusation'', or ''complaint'', to distinguish it from a grand-jury indictment. To protect the suspect's [[due process]] rights in felony cases (where the suspect's interest in liberty is at stake), there is usually a [[preliminary hearing]], at which a judge determines whether there was probable cause to arrest the suspect who is in custody. If the judge finds such probable cause, they bind, or hold over, the suspect for trial.<ref name="DresslerThomasMedwed2020" />
 The substance of an indictment or other charging instrument is usually the same, regardless of the jurisdiction: it consists of a short and plain statement of where, when, and how the defendant allegedly committed the offense. Each offense is usually set out in a separate ''count''. Indictments for complex crimes, particularly those involving [[conspiracy (criminal)|conspiracy]] or numerous counts, may run to hundreds of pages. In other cases, however, an indictment for a crime as serious as [[murder]] may consist of a single sheet of paper.
-Indictable offenses are tried by [[jury]], unless the accused waives the right to a jury trial. Even though the [[Sixth Amendment to the United States Constitution|Sixth Amendment]] of the Constitution mandates the right to a jury trial in any criminal prosecution, the vast majority of criminal cases in the US are resolved by the [[Plea bargain|plea-bargaining]] process.<ref name=":0" />
+Indictable offenses are tried by [[jury]], unless the accused waives the right to a jury trial. Even though the [[Sixth Amendment to the United States Constitution|Sixth Amendment]] of the Constitution mandates the right to a jury trial in any criminal prosecution, the vast majority of criminal cases in the US are resolved by the [[Plea bargain|plea-bargaining]] process.<ref name="DresslerThomasMedwed2020" />
-==Types==
+===Types===
 A sealed indictment stays non-public, for various reasons, until it is unsealed (for example, once the indicted is arrested or notified by police).<ref>{{cite web |title=Sealed Criminal Document Procedures {{!}} District of Maryland {{!}} United States District Court |url=https://www.mdd.uscourts.gov/content/sealed-criminal-document-procedures |website=U.S. District Court |publisher=United States District Court, District of Maryland |access-date=3 March 2025}}</ref> A superseding indictment takes the place of the previously active one.<ref>{{cite news |last1=Iyer |first1=Kaanita |title=What is a superseding indictment? {{!}} CNN Politics |url=https://www.cnn.com/2023/07/28/politics/what-is-superseding-indictment-trump/index.html |access-date=3 March 2025 |work=CNN |date=28 July 2023 |language=en}}</ref> A [[speaking indictment]] goes beyond the legally required statement of the elements of the charged crime(s) and also includes a narrative of the alleged underlying acts in more detail than the law requires.<ref>{{cite web |last1=Burton |first1=Preston |last2=Winter |first2=Jill |title=It Is Time to Muzzle the Speaking Indictment |url=https://www.nacdl.org/Article/SeptOct2024-ItIsTimetoMuzzletheSpeakingIndictment |website=NACDL |publisher=National Association of Criminal Defense Lawyers |access-date=3 March 2025 |language=en}}</ref>

Indictment: Difference between revisions

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