In the realm of criminal law, the terms “indicted” and “charged” are often used interchangeably by the general public, but they have distinct legal meanings and implications. Understanding the differences and similarities between these two terms is crucial for comprehending the criminal justice process in the United States. This article delves into the nuances of being indicted versus being charged, outlining the legal definitions, processes, and consequences associated with each.
What Does it Mean to be Charged?
Being “charged” with a crime refers to the formal accusation made by a governmental authority that an individual has committed a criminal offense. This process can occur in several ways, depending on the severity of the alleged crime and the jurisdiction involved.
Filing of Charges
Charges can be filed by law enforcement officers or prosecutors. In less serious cases, such as misdemeanors or minor offenses, a police officer may issue a citation or arrest an individual, and a prosecutor will subsequently file charges. In more serious cases, such as felonies, the process may be more formal and involve a preliminary hearing before a judge.
Role of the Prosecutor
The prosecutor plays a central role in the charging process. After reviewing the evidence gathered by law enforcement, the prosecutor determines whether there is sufficient probable cause to believe that the individual committed the crime. If so, the prosecutor will file formal charges, which may be documented in a criminal complaint or information.
Initial Court Appearance
Once charges are filed, the accused individual, now referred to as the defendant, will have an initial court appearance. During this appearance, the defendant is informed of the charges, advised of their legal rights, and given the opportunity to enter a plea. Bail may also be addressed at this stage.
What Does it Mean to be Indicted?
An “indictment” is a formal accusation that an individual has committed a crime, typically a felony, issued by a grand jury. The indictment process is more common in federal cases but can also occur at the state level, depending on the jurisdiction.
The Grand Jury Process
A grand jury is a group of citizens convened to review evidence presented by a prosecutor to determine whether there is probable cause to believe that a crime has been committed and that the accused individual committed it. Grand juries are usually composed of 16 to 23 members, and their proceedings are conducted in secret.
Presentation of Evidence
The prosecutor presents evidence and witnesses to the grand jury. The accused individual and their attorney do not typically participate in this process, and the standard of proof is lower than in a trial. The grand jury does not determine guilt or innocence; rather, it decides whether there is sufficient evidence to proceed to trial.
Issuance of an Indictment
If the grand jury finds probable cause, it will issue an indictment, also known as a “true bill.” If it does not find sufficient evidence, it will issue a “no bill,” and the charges will be dismissed. Once an indictment is issued, the defendant will be formally charged with the crimes specified in the indictment and will proceed to an initial court appearance.
Differences Between Being Indicted and Being Charged
While both being indicted and being charged involve formal accusations of criminal conduct, there are several key differences between the two processes.
Source of the Accusation
The primary difference between being indicted and being charged lies in the source of the accusation. An indictment is issued by a grand jury, whereas charges are filed by a prosecutor. This distinction reflects the level of review and formality involved in each process.
Use of a Grand Jury
Indictments require the involvement of a grand jury, which reviews the evidence and determines whether there is probable cause to proceed. This process is typically reserved for more serious crimes, such as felonies. In contrast, charges can be filed directly by a prosecutor without the need for a grand jury, particularly in cases involving misdemeanors or less serious offenses.
Secrecy and Privacy
Grand jury proceedings are conducted in secret, with only the prosecutor and grand jurors present. This secrecy is intended to protect the reputations of individuals who may be investigated but not ultimately charged. The charging process, on the other hand, is generally more transparent, with court filings and proceedings being part of the public record.
Standard of Proof
The standard of proof required for an indictment is “probable cause,” which is a relatively low threshold. It means there is a reasonable basis to believe that a crime was committed and that the accused individual committed it. The standard for filing charges by a prosecutor is similar, but the involvement of a grand jury in the indictment process adds an additional layer of review.
Similarities Between Being Indicted and Being Charged
Despite the differences, there are also significant similarities between being indicted and being charged.
Formal Accusations
Both being indicted and being charged involve formal accusations of criminal conduct. In either case, the accused individual is notified of the charges and given the opportunity to respond through the legal process.
Legal Rights of the Accused
Whether indicted or charged, the accused individual retains certain legal rights, including the right to an attorney, the right to a fair trial, and the right to confront witnesses. These rights are protected under the Constitution and apply regardless of the specific process used to bring the charges.
Potential Consequences
The potential consequences of being indicted or charged are similarly severe. Both processes can lead to criminal trials, and if the accused individual is found guilty, they may face penalties such as imprisonment, fines, probation, and a permanent criminal record.
Notable Case Examples
United States v. Richard Nixon
In the aftermath of the Watergate scandal, President Richard Nixon faced potential indictment. Although he was never formally indicted due to his resignation and subsequent pardon by his successor, Gerald Ford, the grand jury named him an unindicted co-conspirator.
United States v. Enron Executives
In the early 2000s, executives at Enron were both charged and indicted for their roles in one of the largest corporate fraud scandals in history. The grand jury issued indictments for several top executives, leading to high-profile trials and convictions.
United States v. Roger Stone
Roger Stone, a political consultant and longtime advisor to President Donald Trump, was indicted by a grand jury as part of the investigation into Russian interference in the 2016 presidential election. Stone was subsequently charged with multiple counts, including obstruction of justice and witness tampering.
United States v. Paul Manafort
Paul Manafort, former campaign chairman for Donald Trump, was indicted by a grand jury on charges of tax evasion, bank fraud, and other financial crimes. Manafort was found guilty on several charges and sentenced to prison.
United States v. Martha Stewart
Martha Stewart, a well-known businesswoman and television personality, was indicted by a grand jury on charges of insider trading and obstruction of justice. Stewart was convicted and served a prison sentence.
United States v. Scooter Libby
Scooter Libby, chief of staff to Vice President Dick Cheney, was indicted by a grand jury on charges of perjury and obstruction of justice related to the investigation of the leak of a CIA operative’s identity. Libby was convicted, but his sentence was later commuted by President George W. Bush.
United States v. Rod Blagojevich
Rod Blagojevich, the former governor of Illinois, was indicted by a grand jury on corruption charges, including attempts to sell the U.S. Senate seat vacated by President Barack Obama. Blagojevich was convicted and sentenced to prison.
United States v. Michael Cohen
Michael Cohen, former personal attorney to President Donald Trump, was indicted by a grand jury on charges of tax evasion, bank fraud, and campaign finance violations. Cohen pleaded guilty and was sentenced to prison.
United States v. Bernie Madoff
Bernie Madoff, the mastermind behind one of the largest Ponzi schemes in history, was indicted by a grand jury on charges of securities fraud and money laundering. Madoff pleaded guilty and was sentenced to 150 years in prison.
United States v. Jeffrey Epstein
Jeffrey Epstein, a financier and convicted sex offender, was indicted by a grand jury on charges of sex trafficking of minors. Epstein’s case garnered significant media attention, but he died in jail before the trial could proceed.
Conclusion
Understanding the differences and similarities between being indicted and being charged is crucial for navigating the criminal justice system. While both processes involve formal accusations of criminal conduct, they differ in terms of the source of the accusation, the involvement of a grand jury, the level of secrecy, and the standard of proof. Regardless of the process used, the potential consequences for the accused can be severe, underscoring the importance of seeking legal counsel when facing criminal charges.
References
- Cornell Law School. (n.d.). “Indictment.” Retrieved from https://www.law.cornell.edu/wex/indictment
- Legal Information Institute. (n.d.). “Criminal Charges.” Retrieved from https://www.law.cornell.edu/wex/criminal_charges
- United States Courts. (n.d.). “Criminal Cases.” Retrieved from https://www.uscourts.gov/about-federal-courts/types-cases/criminal-cases
- The New York Times. (2019). “Roger Stone Indicted.” Retrieved from https://www.nytimes.com/2019/01/25/us/politics/roger-stone-indicted.html