A Guide to What Indictment Really Means

With the prevalence of scandals and criminal investigations in the news, understanding the legal term “indictment” is paramount for anyone in business.

The word indictment implies criminal charges have been leveled at someone, and the purpose of an indictment is to demonstrate to the Court that sufficient evidence exists accusing the individual of a crime.

What Is the Meaning of Indictment?

The literal definition of “indictment” is “a formal accusation of a serious crime made by a grand jury.” Often, indictments are the first step in the criminal legal process, as they are the organizations’ formal accusation that a person is guilty of a crime. An indictment is an accusation that a party violated the criminal law and should be tried in court.

Grand juries consist of 12 to 23 citizens who are tasked with being unbiased judges of the evidence presented by the prosecutor. After the grand jury has heard and examined all the evidence, they will decide if charges should be brought forward. If an indictment is state issued or handed down from federal officials, the party served must appear in court to answer the charges. It is important to note that a grand jury does not need to determine guilt or innocence, it only needs enough evidence to suggest the defendant likely committed the offense.

Real-Life Examples

The criminal indictment is often seen in the news. Major examples of criminal indictments include the legal proceedings of President Donald J. Trump, former-Venezuelan President Nicolas Maduro, and former-CEO of Enron, Kenneth Lay.

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President Donald J. Trump was accused with a criminal indictment of obstruction of justice when he fired FBI director, James Comey, in 2017. Even though Trump was not formally charged with a crime, the grand jury in this situation penned a 76-page document listing the possible acts of obstruction of justice and corruption charges he could face.

Former-Venezuelan President Nicolas Maduro was indicted by U.S. authorities of narco-terrorism. Maduro was accused of facilitating shipments of cocaine to the United States in order to fund his socialist agenda, as well as conspiring to commit narco-terrorism, drug trafficking, and other related crimes.

Kenneth Lay, former CEO of Enron, was found guilty of a 10-count criminal indictment due to accounting fraud. Lay was able to keep Enron’s stock prices up by controlling, inflating, and hiding debts from shareholders. He was ultimately found guilty of conspiracy, making false statements to banks, securities fraud, wire fraud, and money laundering. He faced up to 45 years in prison, but passed away before sentencing.

Important Takeaways

Criminal indictments may be filed at any level of government, from local to federal. It is important to remember that an indictment does not prove guilt, instead it gives the defendant enough evidence to suggest they have likely committed a crime and should be tried in Court.

Now that you know the definition and real-life examples of indictment, you can have a better understanding of the legal process and implications of criminal indictments.

Related Legal Concepts

Understanding indictments requires familiarity with several interconnected legal principles. The concept of habeas corpus serves as a crucial safeguard against wrongful detention following an indictment, allowing defendants to challenge the legality of their confinement. When examining criminal cases, courts must distinguish between harmless error and prejudicial mistakes that could affect the outcome. Additionally, certain offenses like hate crimes carry enhanced penalties and specialized prosecution procedures that may influence how indictments are structured and pursued.

The Bottom Line

An indictment represents a formal accusation by a grand jury that sufficient evidence exists to believe someone committed a crime, but it does not establish guilt. This critical distinction means that being indicted begins the legal process rather than concluding it, with the defendant retaining the presumption of innocence until proven guilty at trial. For guidance specific to your situation, always consult a qualified, licensed attorney.