Indictable Offense

A Felony charge that is brought against any individual and determined to have merit is an Indictable Offense. Before any person may be indicted on any Felony charge (such as rape, kidnapping, aggravated assault or murder) they will first undergo a preliminary hearing that will decide if there is enough evidence against the accused person to pursue a full trial. This decision is either made by a judge, or a Grand Jury.

Grand Jury

A Grand Jury is comprised of 12 jurors and several prospective backup jurors who have the duty of hearing evidence and determining whether or not it is sufficient to try the person who is being accused of a crime in court. A District Attorney will present the case to the group for their consideration. The Jury does not determine guilt, only if the case warrants being tried.

The establishment and duty of a Grand Jury was made in the 5th Amendment of the Constitution. It stated "no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury". These Juries are most often used in Federal Cases, but rarely in State cases which are usually just overseen by a Judge.

Indictment

When the Grand Jury decides the evidence is sufficient to go to trial, the District Attorney will be able to bring about a formal accusation, and the case can be prepared to go to court.

Jury Trial

Once the case is heard at a trial, a new Jury will be called upon to listen to the evidence from both sides and make a decision of guilt. This Jury will not include any members of the Grand Jury. Those jurors will have been excused of duty from this case and moved on to other matters. A separate Jury that has not heard any of the evidence presented by the District Attorney will be brought in for the case itself.

Following the trial, the Jury will give their verdict, and when an accused person is declared to be guilty, the responsibility of sentencing falls upon the Judge. Since Indictable Offenses are serious charges, they come with harsh sentences, usually involving long term prison stays. Judges will use their own discretion in the matter, but also base the final decision on the previous crime history of the guilty party, the severity of the crime and any Precedents set by similar cases.

Any act that constitutes a Felony, or even an attempt to commit a Felony will be considered as an Indictable Offense. Every type of Felony is a very serious crime that may be punishable by time spent in state penitentiaries or even Capital Punishment for more serious cases.

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