indict

An indictment is a formal written accusation that a person has committed a crime. In many common-law jurisdictions, an indictment is issued by a grand jury after reviewing evidence presented by the prosecutor. The document charges the accused with one or more offenses and describes the alleged conduct in terms that correspond to statutory elements or common-law offenses. Each charge may be listed as a separate count. The grand jury does not determine guilt; it decides whether there is probable cause to believe the accused committed the offenses charged. If the grand jury finds sufficient evidence, it returns a true bill of indictment; if not, it returns a no bill.

Indictments are typically used for felonies. In many jurisdictions, misdemeanors and lesser offenses can be charged by information or complaint filed by the prosecutor without a grand jury. Some jurisdictions also use presentments. The use of grand juries and indictments varies by country and by state or province within countries.

Procedure and effect: After an indictment is returned, the accused is brought to arraignment, where a plea is entered and the case proceeds to trial. The state bears the burden of proving the charged offenses beyond a reasonable doubt at trial. An indictment is not proof of guilt; it is a formal charge that enables the case to move forward to adjudication.

Secrecy and oversight: Grand jury proceedings are generally secret, witnesses may testify, and the defense typically does not participate in the indictment process. Critics cite concerns about secrecy and potential abuse, while supporters view grand juries as a safeguard against unfounded charges.