词源与由来: From Anglo-French 'enditement,' derived from 'enditer' (to write down or compose), from Latin 'indictare' (to declare or proclaim). Originally meant a written accusation.
The indictment is returned by the grand jury in a sealed proceeding and then filed with the court. At arraignment, the indictment is read to the defendant or its reading is waived. A valid indictment must charge each essential element of the offense. Defense attorneys scrutinize indictments for defects such as vagueness, duplicity (charging multiple offenses in one count), or multiplicity (charging one offense in multiple counts). A motion to dismiss the indictment may be filed if it fails to state an offense or was obtained through prosecutorial misconduct before the grand jury.
Prosecutor: "The grand jury has returned a true bill, Your Honor, charging the defendant in five counts with violations of the Racketeer Influenced and Corrupt Organizations Act."
Defense Attorney: "Your Honor, we move to dismiss Count Three of the indictment on the grounds that it fails to allege a material element of the offense — specifically, it does not allege the requisite interstate nexus."
Judge: "The indictment is facially sufficient. The motion to dismiss is denied. The government need not prove its case at this stage; it must only allege the essential elements."
Students frequently confuse an indictment with an information. An indictment requires grand jury action and is constitutionally required for federal felonies, while an information is filed directly by the prosecutor and is used for misdemeanors or when the defendant waives the grand jury right.
The Fifth Amendment grand jury requirement applies only to federal cases (Hurtado v. California, 1884). About half of U.S. states allow prosecutors to file felony charges by information without a grand jury, and those requiring grand juries may have different quorum and voting requirements.
Hurtado v. California, 110 U.S. 516 (1884)
Held that the Fifth Amendment's grand jury requirement does not apply to the states, permitting states to initiate felony prosecutions by information.
Russell v. United States, 369 U.S. 749 (1962)
Held that an indictment must contain sufficient factual specificity to inform the defendant of the charges and protect against double jeopardy.
Costello v. United States, 350 U.S. 359 (1956)
Held that a valid indictment cannot be challenged on the basis it was supported solely by hearsay, because the grand jury is not bound by evidentiary rules.
| Indictment | Information |
|---|---|
| Issued by a grand jury after finding probable cause | Filed directly by a prosecutor without grand jury |
| Required for federal felonies under the Fifth Amendment | Used in states that do not require grand jury indictment |
| Defendant has no right to appear before the grand jury | Defendant typically has right to a preliminary hearing |
| Grand jury proceedings are secret and ex parte | Preliminary hearing is adversarial and on the record |
| More resource-intensive and time-consuming | More efficient for routine criminal prosecutions |
How does the grand jury decide to issue an indictment?
The grand jury hears evidence presented solely by the prosecutor, deliberates in secret, and votes on whether probable cause exists. In federal court, at least 12 of the 16-23 grand jurors must vote to indict.
Can an indictment be dismissed?
Yes, on grounds including prosecutorial misconduct, failure to state an offense, Speedy Trial Act violations, or discrimination in grand jury selection. Courts rarely dismiss for evidentiary insufficiency.
What is a superseding indictment?
A superseding indictment replaces the original one, typically adding charges, defendants, or correcting deficiencies. Once filed, it becomes the operative charging document and the original is void.
A grand jury is a body of citizens (typically 16-23 members in federal court) convened to evaluate w...
An arraignment is a formal court proceeding in which a criminal defendant is brought before a judge,...
The prosecutor is the government attorney responsible for presenting the case against the defendant ...
The burden of proof refers to a party's obligation to prove the facts necessary to support their cla...
