indictment
. A written accusation returned by a grand jury, charging an individual with a specified crime after determination of probable cause. information. A formal charging document, similar to an indictment, based on probable cause as determined at a preliminary hearing.
When the grand jury returns charging an individual with a crime showing that probable cause did exist is known as?
Indictment
Returned — If the grand jury decides the evidence presented establishes probable cause, it issues an Indictment against the accused. At least 16 of the 23 members of the grand jury must be present to conduct business, and at least 12 jurors must vote to indict. The Indictment is called a True Bill.
Is a written accusation returned by a grand jury?
A presentment
is a written accusation of crime prepared and returned by a grand jury from their own knowledge or observation, without any bill of indictment laid before them.
Which jury decides if there is probable cause or enough evidence to charge a person with a crime?
The grand jury
determines whether there is “probable cause” to believe the individual has committed a crime and should be put on trial. If the grand jury determines there is enough evidence, an indictment will be issued against the defendant. Consists of 16-23 people.
What procedure is often used as an alternative to the grand jury?
The modern trend is to use
an adversarial preliminary hearing
before a trial court judge, rather than grand jury, in the screening role of determining whether there is evidence establishing probable cause that a defendant committed a serious felony before that defendant is required to go to trial and risk a conviction …
Who picks a grand jury?
Much like a trial jury, a grand jury is a group of individuals who have been selected and sworn in by a judge to serve a particular purpose in the legal system. In fact, grand jurors are usually chosen from the
very same pool of citizens
as are trial jurors.
Who decides if charges are filed?
The Prosecution must prove its case to the criminal standard of beyond reasonable doubt.
The Magistrate
hears all the evidence and decides the verdict. If it is a guilty verdict, the Magistrate will either impose a sentence, or set a later date for when a sentence will be imposed.
Who determines if there is sufficient evidence to take the case to court?
The Judicial Process
The U.S. Attorney
represents the United States in most court proceedings, including all criminal prosecutions. The grand jury reviews evidence presented by the U.S. Attorney and decides whether it is sufficient to require a defendant to stand trial.
How do you tell if a prosecutor's case is weak?
- Faulty arrest. If the arrest needs to be legal, there should be proper cause and reasons for arresting the criminal. …
- A mistake was made while filing the complaint. …
- Insufficient evidence in the hand of the prosecution. …
- Weak witness or loss of evidence. …
- Others.
How long can a felony charge be pending?
How Long Can a Case Be Pending? If there was not sufficient evidence to prosecute an individual, the case will become pending. When a case is pending, the statute of limitations will determine how long it will stay open. Generally, the statute of limitations for most felonies
is three years
.
Why would a prosecutor drop charges?
Charges are ‘dropped'
when the prosecution make an application to the Court to have the charges discontinued
. … This can happen when a prosecutor reviews the evidence, obtains more evidence, or is provided with a submission from a lawyer.
What evidence do CPS need to charge?
The evidence they gather includes
documentary, physical, photographic and other forensic evidence
and not just witness testimony. The police arrest and interview suspects. All of this produces a file which when complete the police send to the Crown Prosecution Service (CPS) for review and a decision on prosecuting.
Which plea is the same as a guilty plea but Cannot be used as evidence?
In California,
a no contest plea
generally has the same legal effect as a guilty plea, but with one exception. A no contest plea to a misdemeanor cannot be sued against the defendant in certain civil cases as evidence of criminality – whereas a guilty plea typically can be.
When the grand jury finds that probable cause does not exist the defendant is what?
If the court finds there is no probable cause,
the matter is dismissed
(this would be the equivalent of a grand jury declining to press charges). If this happens, defendants are released. If the court finds there is probable cause, the matter is transferred to trial court.
Which of the following is the most common reason for prosecutors to reject cases?
| The U.S. Supreme Court is the only court established by constitutional mandate True | All evidence points to the conclusion that prosecutorial discretion is used to Screen out the weakest cases | Which of the following is the most common reason for prosecutors to reject cases Evidence problems |
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What is the difference between being charged and being indicted?
Essentially, the difference between the two depends upon who has filed charges against you. If you have been charged, this means a state or federal prosecutor filed charges against you. If you have been indicted, this means
a grand jury has filed charges against you
.
