indictment 音标拼音: [ɪnd'ɑɪtmənt]
n . 起诉,控告,起诉状
起诉,控告,起诉状
indictment n 1 :
a formal document written for a prosecuting attorney charging a person with some offense [
synonym : {
indictment },
{
bill of indictment }]
2 :
an accusation of wrongdoing ; "
the book is an indictment of modern philosophy "
Indictment \
In *
dict "
ment \,
n . [
Cf . {
Inditement }.]
[
1913 Webster ]
1 .
The act of indicting ,
or the state of being indicted .
[
1913 Webster ]
2 . (
Law )
The formal statement of an offense ,
as framed by the prosecuting authority of the State ,
and found by the grand jury .
[
1913 Webster ]
Note :
To the validity of an indictment a finding by the grand jury is essential ,
while an information rests only on presentation by the prosecuting authority .
[
1913 Webster ]
3 .
An accusation in general ;
a formal accusation .
[
1913 Webster ]
{
Bill of indictment }.
See under {
Bill }.
[
1913 Webster ]
49 Moby Thesaurus words for "
indictment ":
accusal ,
accusation ,
accusing ,
allegation ,
allegement ,
anathema ,
arraignment ,
bail ,
bill of particulars ,
blame ,
bringing of charges ,
bringing to book ,
castigation ,
censure ,
charge ,
complaint ,
condemnation ,
count ,
damnation ,
decrial ,
delation ,
denouncement ,
denunciation ,
excoriation ,
flaying ,
fulmination ,
fustigation ,
impeachment ,
implication ,
imputation ,
information ,
innuendo ,
insinuation ,
lawsuit ,
laying of charges ,
pillorying ,
plaint ,
presentment ,
prosecution ,
reprehension ,
reproach ,
reprobation ,
skinning alive ,
stricture ,
suit ,
taxing ,
true bill ,
unspoken accusation ,
veiled accusation INDICTMENT ,
crim .
law ,
practice .
A written accusation of one or more persons of a crime or misdemeanor ,
presented to ,
and preferred upon oath or affirmation ,
by a grand jury legally convoked .
4 Bl .
Com .
299 ;
Co .
Litt .
126 ;
2 Hale ,
152 ;
Bac .
Ab .
h .
t .;
Com .
Dig .
h .
t .
A ;
1 Chit .
Cr .
L .
168 .
2 .
This word ,
indictment ,
is said to be derived from the old French word inditer ,
which signifies to indicate ;
to show ,
or point out .
Its object is to indicate the offence charged against the accused .
Rey ,
des Inst .
l '
Angl .
tome 2 ,
p .
347 .
3 .
To render an indictment valid ,
there are certain essential and formal requisites .
The essential requisites are ,
1st .
That the indictment be presented to some court having jurisdiction .
of the offence stated therein .
2d .
That it appear to have been found by the grand jury of the proper county or district .
3d .
That the indictment be found a true bill ,
and signed by the foreman of the grand jury .
4th .
That it be framed with sufficient certainty ;
for this purpose the charge must contain a certain description of the crime or misdemeanor ,
of which the defendant is accused ,
and a statement of the facts by which it is constituted ,
so as to identify the accusation .
Cowp .
682 ,
3 ;
2 Hale ,
167 ;
1 Binn .
R .
201 ;
3 Binn .
R ;
533 ;
1 P .
A .
Bro .
R .
360 ;
6 S . &
R .
398 4 Serg . &
Rawle ,
194 ;
4 Bl .
Com .
301 ;
Yeates ,
R .
407 ;
4 Cranch ,
R .
167 .
5th .
The indictment must be in the English language .
But if any document in a foreign language ,
as a libel ,
be necessarily introduced ,
it should be set out in the original tongue ,
and then translated ,
showing its application .
6 T .
R .
162 .
4 .
Secondly ,
formal requisites are ,
1st .
The venue ,
which ,
at common law should always be laid in the county where the offence has been committed ,
although the charge is in its nature transitory ,
as a battery .
Hawk .
B .
2 ,
c .
25 ,
s .
35 .
The venue is stated in the margin thus , "
City and county of _____ to wit ."
2d .
The presentment ,
which must be in the present tense ,
and is usually expressed by the following formula , "
the grand inquest of the commonwealth of ______ inquiring for the city and county aforesaid ,
upon their oaths and affirmations present ."
See ,
as to the venue ,
1 Pike ,
R .
171 ;
9 Yerg .
357 .
3d .
The name and addition of the defendant ;
but in case an error has been made in this respect ,
it is cured by the plea of the defendant .
Bac .
Ab .
Misnomer ,
B ;
Indictment ,
G 2 ;
2 Hale ,
175 ;
1 Chit .
Pr .
202 .
4th .
The names of third persons ,
when they must be necessarily mentioned in the indictment ,
should be stated with certainty to a common intent ,
so as sufficiently to inform the defendant who are his accusers .
When ,
however ,
the names of third persons cannot be ascertained ,
it is sufficient ,
in some cases ,
to state "
a certain person or persons to the jurors aforesaid unknown ."
Hawk .
B .
2 ,
c .
25 ,
s .
71 ;
2 East ,
P .
C .
651 ,
781 ;
2 Hale ,
181 ;
Plowd .
85 ;
Dyer ,
97 ,
286 ;
8 C . &
P .
773 .
See Unknown .
5th .
The time when the offence was committed ,
should in general be stated to be on a specific year and day .
In some offences ,
as in perjury ,
the day must be precisely stated ;
2 Wash .
C .
C .
Rep .
328 ;
but although it is necessary that a day certain should be laid in the indictment ,
yet ,
in general ,
the prosecutor may give evidence of an offence committed on any other day previous to the finding of the ,
indictment .
5 Serg . &
Rawle ,
316 .
Vide 11 Serg . &
Rawle ,
177 ;
1 Chit .
Cr .
Law ,
217 ,
224 ;
1 Ch .
Pl .
Index ,
tit .
Time .
See 17 Wend .
475 ;
2 Dev .
567 ;
5 How .
Mis .
14 ;
4 Dana .
496 ;
C . &
N .
369 ;
1 Hawks ,
460 .
6th .
The offence should be properly described .
This is done by stating the substantial circumstances necessary to show the nature of the crime and ,
next ,
the formal allegations and terms of art required by law .
1 .
As to the substantial circumstances .
The whole of the facts of the case necessary to make it appear judicially to the court that the indictors have gone upon sufficient premises ,
should be set forth ;
but there should be no unnecessary matter or any thing which on its face makes the indictment repugnant ,
inconsistent ,
or absurd .
Hale ,
183 ;
Hawk .
B .
2 ,
c .
25 ,
s .
57 ;
Ab .
h .
t .
G 1 ;
Com .
Dig .
h .
t .
G 3 ;
2 Leach ,
660 ;
2 Str .
1226 .
All indictments ought to charge a man with a particular offence ,
and not with being an offender in general :
to this rule there are some exceptions ,
as indictments against a common barrator ,
a common scold ,
and the keeper of a common bawdy house ;
such persons may be indicted by these general words .
1 Chit .
Cr .
Law ,
230 ,
and the authorities there cited .
The offence must not be stated in the disjunctive ,
so as to leave it uncertain on what it is intended to rely as an accusation ;
as ,
that the defendant erected or caused to be .
erected a nuisance .
2 Str .
900 ;
1 Chit .
Cr .
Law ,
236 .
2 .
There are certain terms of art used ,
so appropriated by the law to express the precise idea which it entertains of the offence ,
that no other terms ,
however synonymous they may seem ,
are capable of filling the same office :
such ,
for example ,
as traitorously , (
q .
v .)
in treason ;
feloniously ,
(
q .
v .)
in felony ;
burglariously , (
q .
v .)
in burglary ;
maim , (
q .
v .)
in mayhem , &
c .
7th .
The conclusion of the indictment should conform to the provision of the constitution of the state on the subject ,
where there is such provision ;
as in Pennsylvania ,
Const .
art .
V .,
s .
11 ,
which provides ,
that "
all prosecutions shall be carried on in the name and by the authority of the commonwealth of Pennsylvania ,
and conclude against the peace and dignity of the same ."
As to the necessity and propriety of having several counts in an indictment ,
vide 1 Chit .
Cr .
Law ,
248 ;
as to .
joinder of several offences in the same indictment ,
vide 1 Chit .
Cr .
Law ,
253 ;
Arch .
Cr .
Pl .
60 ;
several defendants may in some cases be joined in the same indictment .
Id .
255 ;
Arch .
Cr .
Pl .
59 .
When an indictment may be amended ,
see Id .
297 .
Stark .
Cr .
Pl .
286 ;
or quashed ,
Id .
298 Stark .
Cr .
Pl .
831 ;
Arch .
Cr .
66 .
Vide ;
generally ,
Arch .
Cr .
Pl .
B .
1 ,
part 1 ,
c .
1 ;
p .
1 to 68 ;
Stark .
Cr .
Pl .
1 to 336 ;
1 Chit .
Cr .
Law ,
168 to 304 ;
Com .
Dig .
h .
t .:
Vin .
Ab .
h .
t .;
Bac .
Ab .
h .
t .;
Dane '
s Ab .
h .
t .;
Nels .
Ab .
h .
t .;
Burn '
s Just .
h .
t .;
Russ .
on Cr .
Index ,
h .
t .,
5 .
By the Constitution of the United States ,
Amend .
art .
5 ,
no person shall be held to answer for a capital ,
or otherwise infamous crime ,
unless on a presentment or indictment of a grand jury ,
except in cases arising in the land or naval forces ,
or in the militia ,
when in actual service in time of war ,
or public danger .
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