indictment

/indaytmant/ An accusation in writing found and presented by a grand jury, legally convoked and sworn, to the court in which it is impaneled, charging that a person therein named has done some act, or been guilty of some omission, which by law is a public offense, punishable on indictment. A formal written accusation originating with a prosecutor and issued by a grand jury against a party charged with a crime. An indictment is referred to as a "true bill", whereas failure to indict is called a "no bill". An indictment is merely a charge which must be proved at trial beyond a reasonable doubt before defendant may be convicted. U. S. v. Zovluck, D.C.N.Y., 274 F.Supp. 385, 390.

An indictment is only an accusation; it is the physical means by which a defendant is brought to trial. Its sole purpose is to identify defendant's alleged offense, and it is not evidence that offense charged was committed and may not be considered as evidence by jury during its deliberations. U. S. v. Glaziou, C.A.N.Y., 402 F.2d 8, 15.

An offense which may be punished by death shall be prosecuted by indictment. An offense which may be punished by imprisonment for a term exceeding one year or at hard labor shall be prosecuted by indictment or, if indictment is waived, it may be prosecuted by information. Any other offense may be prosecuted by indictment or by information. Fed.R.Crim.P. 7.

See also grand jury

- information

- presentment

- true bill

- joinder of indictments

- joinder

- joint indictment