Indictment
A formal written accusation, typically issued by a grand jury, charging a person with a crime. It is the official step that initiates a criminal prosecution in the federal system and many state systems.
A formal written accusation, typically issued by a grand jury, charging a person with a crime. It is the official step that initiates a criminal prosecution in the federal system and many state systems.
Example: Before a federal prosecutor can take a defendant to trial for a felony, they must first present their evidence to a grand jury to secure an indictment, ensuring that the charges are not baseless or politically motivated.
Common misconception: An indictment means the person has been proven guilty of the crime. An indictment is merely a formal accusation that there is enough evidence to proceed to trial; the defendant is still presumed innocent until proven guilty beyond a reasonable doubt by a trial jury.
Sources: https://constitution.congress.gov/browse/amendment-5/ — Constitution Annotated, Fifth Amendment ("No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury"); https://www.uscourts.gov/about-federal-courts/educational-resources — uscourts.gov educational materials on grand juries and indictments