Indict

To “indict” means that you are formally charging someone with a criminal offense. An indictment means that a charge of a crime has been given to a suspect. Usually indictments take place in a court of law and after a trial.  A grand jury, or a jury of peers, or other variations can hold the trials.

An indictable offense is typically a crime that is serious. Some jurisdictions use the term “felony” to define the serious criminal act. Other jurisdictions in the US define a serious criminal offense as an indictable offense. Usually, an indictment is given by a grand jury.

A grand jury is a type of jury responsible for looking at evidence in criminal cases. This is controversial because several factors of a regular jury trial are not in place. A defendant and their attorney are usually not present during witness testimony. The general public cannot sit in on a grand jury. It is up to a grand jury to decide whether or not the defendant is probably guilty. If they come to this conclusion, an indictment is handed down and then the case may be sent to trial.

In countries other than the US, other legal groups or persons can deliver indictments. Australia, for instance, is a place where a government official can issue an indictment if they believe there is enough evidence to warrant a conviction. UK indictments are issued on behalf of the royal family.

In the US, indictments are typically given by a grand jury.  Other charges are known as an “information” or an “accusation” and are given by the prosecutor in the case.  An indictment or an accusation usually consists of a very focused statement, which readily states both the defendant and the crime allegedly committed.  The place and manner in which the crime took place is also mentioned.  The offenses are listed separately.  Indictments for complicated crimes can often be many hundreds of pages long.  Simple crime indictments are usually only one page long.

In non-US countries most indictable offences are tried by a jury trial.  This is the case unless for some reason the defendant does not want a jury to be present.  A jury is not usually granted for crimes not warranting an indictment.  In the US a defendant is granted the right of having a jury trial for any criminal offense, which carries the possibility of a punishment of at least a six-month incarceration.

In most US legal situations a plea bargain is used to settle the case before a trial becomes necessary. A grand jury does not indict the defendant in a plea bargain. Instead, the defense attorney and prosecution settle on an agreed ending to the case. Many plea bargains are offered to defendants because they have generally lesser sentences than their crimes warrant.