what is the seriousness of indictment in the United states?

Question

first off, i'm not saying indictment isn't a serious matter (b/c obviously it is) what I'm asking is why is it considered more serious than being charged with a crime? is indictment and charged the same thing or not? thanks.....

Answer 1

It's considered more serious because it's usually only used in more serious crimes.
In the U.S. the right to be charged by a grand jury (in the constitution!) has not been "incorporated" through the 14th Amendment to the states. In other words, states don't have to charge everyone through the process of 'indictment' by a grand jury. Instead, most state crimes are charged through 'information' -- that is, the prosecutor (not the police) file some sort of charging document with the court to initiate the prosecution.

States use the grand jury only in special, usually serious situations. For example, most cases involving police brutality are charged through indictment (because that way it makes the prosecutor look less biased and not anti-police). Sometimes sex crimes are charged through indictment. Sometimes crimes involving public officials are charged through indictment. And some states have requirements that certain high-level crimes be indicted rather than be charged by information.

In addition, almost ALL federal crimes are indicted... and federal court is usually viewed as more serious (with higer penalties usually than in state court). So, in the U.S., that's how it gets its more serious rep.

Answer 2

It is the same as being charged with a crime. It is just a different procedure for doing it. Instead of police arresting and then a prosecutor charging, an indictment comes out of a grand jury investigation. An indictment is the grand jury's direction to the prosecutor to take the case to court.

Answer 3

An indictment is handed down by a grand jury, while charging is carried out by the police. Ostensibly, being able to convince an entire grand jury of the existence of probable cause to indict rather than a couple of leo's and the DA of the cause to charge makes the indictment more a reflection of "society's" interest rather than just that of the potentially more biased LE/DA combo.

Answer 4

Indictment is the necessary prelude to trial. It means charges against you are taken seriously by authorities. So it's one step closer to conviction, than charging, or can be viewed that way.

Answer 5

An indictable offence in some countries (e.g. Canada) is roughly equivalent to a felony, and a 'summary' offence to a misdemeanor.