Q: What is an “indictment?”
A: Last week we discussed the role, function, and importance of a grand jury. Specifically, we learned that not only is a grand jury much bigger than a petit jury and that it served as a go-between, ensuring that the sovereign’s allegations are done in public and with sufficient cause.
Sidebar: “Petit Jury,” for those of you wondering, was not a typographical error. I did not mean to type “petite” as in “small,” but left off the “e.” In fact, I meant what I wrote: petit – which is pronounced like “pet-it.” I am not entirely sure why it is spelled this way, but it seems to have derived its name from “petty jury” or a jury that hears common, or “petty,” issues. Thus, the “petit jury,” by definition is one empanelled in the trial of a specific case and which requires no special assemblage of jurors. That it is a small and, hence, petite jury is purely coincidental. End sidebar.
We also learned that what a grand jury produces is called an “indictment.” Let us start with the Black’s Law Dictionary definition of the term: “the formal written accusation of a crime, made by a grand jury and presented to a court for prosecution against the accused person.” Now you see why I get paid the big bucks to answer these questions. I own a dictionary.
But knowing the definition of what an indictment is and understanding its function and import are two very different things. While we understand that an indictment is a formal document – usually a type written piece of paper signed by the foreperson of the grand jury – bearing the name of the person charged, what crime the person is charged with violating, and where the law that has allegedly been violated can be located. And, though we understand that the indictment kicks-off the prosecution process, we do not quite grasp yet why we have an indictment.
Imagine, if you will, you are sleeping cozily in your bed. Around three in the morning, someone blasts through your front door and throws in a stun grenade. When your senses return, you find yourself in handcuffs, lying in the back of a police cruiser, surrounded by men wearing black assault gear and carrying imposing weapons. When you ask what is going on, you are simply told that you have been charged with a crime and are being whisked away for the swift prosecution thereof.
Sure, the example may be hyperbole, but the point is clear: an indictment puts you on notice that you have violated the law and are now to stand trial for it. What is contained on the bill of indictment is what you can expect to be tried for – nothing more, nothing less. It is yet one more guarantee that your life and liberty are not deprived from you without due process of law.
An indictment, then, is not unlike a plane ticket. On its face, it tells you where you have been (alleged crime), where you are going (trial), and what it might cost you to get there (legal consequences). Of course, there are no rapid rewards or frequent flyer miles available with an indictment.
The importance of the indictment, then, is clear: the indictment clears up any confusion about what an alleged criminal has or has not been charged with doing. It keeps the prosecution on track and prevents excessive and secretive allegations.
In short, it ensures your Sixth Amendment guaranty to a speedy, public trial by an impartial jury. Which we all know by now is petit, not petite. Which suggests nothing about the gravitational challenge some petit jurors may present.
A: Last week we discussed the role, function, and importance of a grand jury. Specifically, we learned that not only is a grand jury much bigger than a petit jury and that it served as a go-between, ensuring that the sovereign’s allegations are done in public and with sufficient cause.
Sidebar: “Petit Jury,” for those of you wondering, was not a typographical error. I did not mean to type “petite” as in “small,” but left off the “e.” In fact, I meant what I wrote: petit – which is pronounced like “pet-it.” I am not entirely sure why it is spelled this way, but it seems to have derived its name from “petty jury” or a jury that hears common, or “petty,” issues. Thus, the “petit jury,” by definition is one empanelled in the trial of a specific case and which requires no special assemblage of jurors. That it is a small and, hence, petite jury is purely coincidental. End sidebar.
We also learned that what a grand jury produces is called an “indictment.” Let us start with the Black’s Law Dictionary definition of the term: “the formal written accusation of a crime, made by a grand jury and presented to a court for prosecution against the accused person.” Now you see why I get paid the big bucks to answer these questions. I own a dictionary.
But knowing the definition of what an indictment is and understanding its function and import are two very different things. While we understand that an indictment is a formal document – usually a type written piece of paper signed by the foreperson of the grand jury – bearing the name of the person charged, what crime the person is charged with violating, and where the law that has allegedly been violated can be located. And, though we understand that the indictment kicks-off the prosecution process, we do not quite grasp yet why we have an indictment.
Imagine, if you will, you are sleeping cozily in your bed. Around three in the morning, someone blasts through your front door and throws in a stun grenade. When your senses return, you find yourself in handcuffs, lying in the back of a police cruiser, surrounded by men wearing black assault gear and carrying imposing weapons. When you ask what is going on, you are simply told that you have been charged with a crime and are being whisked away for the swift prosecution thereof.
Sure, the example may be hyperbole, but the point is clear: an indictment puts you on notice that you have violated the law and are now to stand trial for it. What is contained on the bill of indictment is what you can expect to be tried for – nothing more, nothing less. It is yet one more guarantee that your life and liberty are not deprived from you without due process of law.
An indictment, then, is not unlike a plane ticket. On its face, it tells you where you have been (alleged crime), where you are going (trial), and what it might cost you to get there (legal consequences). Of course, there are no rapid rewards or frequent flyer miles available with an indictment.
The importance of the indictment, then, is clear: the indictment clears up any confusion about what an alleged criminal has or has not been charged with doing. It keeps the prosecution on track and prevents excessive and secretive allegations.
In short, it ensures your Sixth Amendment guaranty to a speedy, public trial by an impartial jury. Which we all know by now is petit, not petite. Which suggests nothing about the gravitational challenge some petit jurors may present.
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Copyright Jeremiah G. Dys 2007. May not be used absent express, written permission. Please contact the author for permission to reprint.
2 comments:
"Notice: You're a Criminal."
Ah, no. You're not a criminal until you've been convicted.
Smart Alec! Who's got the JD here, missy?!
How 'bout this: "Notice: You MIGHT be a Criminal." Better?
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