What is a Grand Jury Indictment?
A Formal Charging Instrument
In the United States legal system, a grand jury indictment is the official document used to formally charge an individual with a crime. It is issued by a grand jury, a body of citizens who are impaneled to review evidence and determine whether there is probable cause to believe that a crime has been committed.
How a Grand Jury Works
A grand jury is typically composed of 12 to 23 people. They hear evidence presented by the prosecutor, including witness testimony and documents. However, the defendants are not present during the grand jury proceedings and are not represented by an attorney.
After hearing the evidence, the grand jury votes in secret on whether to issue an indictment. A majority of the jurors, typically 12 or more, must agree in order for an indictment to be issued.
Significance of an Indictment
An indictment is not a finding of guilt. It simply means that the grand jury believes there is enough evidence to warrant a trial. The defendant is then arraigned in court, where they enter a plea of guilty or not guilty.
If the defendant pleads guilty, the judge will proceed to sentencing. If the defendant pleads not guilty, a trial will be held to determine their guilt or innocence.
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