How do indictments work in the US legal system? | The Sun
THE word indictment has been in the headlines a lot in 2023, mostly thanks to the news that former President Donald Trump has been indicted again.
The legal term has different definitions in the US and the UK, meaning some people may be confused about how indictments work in each location.
How do indictments work in the US legal system?
In the US, an indictment is a formal accusation that a person has committed a crime.
It is not a conviction but it is one of the first moves a prosecutor can make in the process of bringing a case to trial.
A person is indicted in a criminal court in the States when a grand jury decides there is enough evidence to charge them with a crime.
The jury – made up of around 16-23 members chosen at random – do not need to reach a unanimous verdict but they do need to reach a majority of at least twelve.
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Grand jurors in an indictment, hear evidence and testimony from prosecutors and the witnesses only.
Indictments differ from criminal trials as jurors do not hear from the defence or the person accused.
Indictments in criminal cases are normally sealed until made public.
After an indictment is formalised, a trial is set.
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What is the UK equivalent of an indictment?
In the UK, an indictment is simply a formal document setting out criminal charges against a defendant.
In England and Wales, indictments are only used for defendants to be tried in the Crown Court.
In Scotland, they set out charges against defendants in more serious cases.
Each charge on an indictment in the UK is called a count.
When was Donald Trump indicted?
In August 2023, Trump was indicted over his involvement in the events of January 6, 2021, when he attempted to overturn President Joe Biden's 2020 presidential election win.
The indictment includes four criminal counts against the former President, including conspiracy against rights, obstruction of and attempt to obstruct an official proceeding, conspiracy to defraud the United States, and conspiracy to obstruct an official proceeding.
Trump faces a maximum combined sentence of 55 years behind bars if found guilty of all four counts.
August was not the first time Trump was indicted.
In March 2023, officials in New York indicted Trump for falsifying business documents in connection to alleged hush money payments to adult film star Stormy Daniels.
This indictment made Trump the first ever former US president to be indicted.
Then, in June 2023, Trump was indicted over allegations of mishandling classified documents after he left office.
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Trump pleaded not guilty in federal court to 37 felony counts against him in June 2023 and will face trial in May 2024.
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