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An indictment (/ ɪ n ˈ d aɪ t m ən t / [1] in-DYTE-mənt) is a formal accusation that a person has committed a crime. In jurisdictions 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 , an offence that requires an indictment.
It requires grand juries to be composed of 16 to 23 members and that 12 members must concur in an indictment. [15] [16] A grand jury is instructed to return an indictment if the probable cause standard has been met. The grand jury's decision is either a "true bill" (formerly billa vera, resulting in an indictment), or "no true bill".
The U.S. Bill of Rights. Article Three, Section Two, Clause Three of the United States Constitution provides that: . Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have ...
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury (in contrast to a summary offence).
The process for indictment etc. was the same as the practice in England or as near as possible thereto. To effect this, they were empowered to issue their warrant or precept to the Sheriff, commanding him to summon a grand jury to sit at the court of quarter sessions.
If Trump gets indicted, expect a carefully choreographed and relatively quick process and release without bail (as is common in New York) — and with a focus on security. A former president isn ...
An information is a formal criminal charge which, depending upon the jurisdiction, either begins or continues a criminal proceeding in the courts. The information is one of the oldest common law pleadings (first appearing around the 13th century), and is nearly as old as the better-known indictment, with which it has always coexisted.
Where an indictment is obtained through means other than an information document, such as through grand jury proceedings or after an arrest when the defendant is first brought to court, the arraignment may be referred to as an "initial hearing", [9] or "preliminary arraignment", [10] which is different from a preliminary hearing. Those other ...