We’re talking about Donald Trump, right? You know, the bad clown man who has racked up over 100 separate criminal charges? That guy. He just got indicted for a FOURTH TIME, and people are having a laugh about it. Does that mean that indictments are a laughing matter? Well, it depends on which side of the indictment you’re on.
If you’re SERVING the indictment, then yes, there is cause to celebrate. It means that you have built a criminal case against a person you believe has committed a crime, and you are confident in your ability to convict. If you’re GETTING indicted, it means that someone has built a good case against you and thinks that you are GUILTY of a crime. And you better be prepared to fight for your life in court.
But is getting indicted the same thing as getting charged? Or being accused of a crime? What do all these legal terms mean?! If only there was someone who knew! Someone whose job it is to understand and argue the meaning of the law! Someone who would show up at a big stately building that smells like mahogany while wearing a powdered wig to yell “objection” while someone else wearing a powdered wig calls for order and bangs a little hammer! Wouldn’t that solve all the world’s problems?
What is an indictment?
To be indicted means that one has been formally charged with a serious crime, or in Trump’s case, crimes plural. These crimes are usually felonies, as is the case with Trump’s indictments. The indictment process is a formal way for a prosecutor to initiate a case against a person believed to have committed a crime or crimes. Here’s how it works:
- A grand jury gets involved: In the United States, an indictment is usually issued by a grand jury—a group of citizens called to examine the evidence that a prosecutor presents against a suspected criminal. The grand jury system is used by both the federal courts and many courts at the state level. Not all charges require an indictment, but when you’re charging a former president with a slew of serious crimes, you want to make it as official as possible.
- The evidence is reviewed: The grand jury reviews the evidence and testimony presented by the prosecuting attorneys. Unlike a trial jury, a grand jury does not decide if someone is guilty or not guilty (on some 12 Angry Men stuff). Instead, it decides whether there is enough evidence to formally charge someone with a crime. Note: the grand jury is only presented with the prosecution’s argument. No one is there to argue for the defense—that happens during the actual trial.
- The indictment is issued: If the grand jury determines that there is probable cause to believe the accused committed a crime, it will issue an indictment. The indictment comes in the form of a formal, written document. In Trump’s case, one of those indictments was 98 pages long. This also gives the accused party time to prepare a defense.
- The arraignment: After being indicted, the accused will be arraigned. This means that they will be brought before a court and informed of the charges against them, at which point they will plead guilty or not guilty. Trump has pleaded “not guilty” in all of his arraignments so far.
- The legal circus begins: After the indictment and arraignment, the case may proceed to pre-trial hearings and potential plea deals. If a deal is not reached, the case will go to trial.
- Trial, conviction, and sentencing: If the case goes to trial, then a trial jury will be assembled. This trial jury will not be the same as the grand jury, but composed of an entirely separate group of individuals. Unlike with a grand jury, who accuses an individual based on “probable cause,” a trial jury must be convinced “beyond a reasonable doubt” that the accused is guilty of the crime. This is a far higher standard of criminal culpability. Should this jury find Trump guilty of some or all of the crimes of which he has been accused, he will sentenced by a judge. If convicted on all counts and given the maximum sentence for each, he would go to jail for over 600 years. It’s unlikely this would happen, but it’s still pretty fun to think about.
(featured image: Brandon Bell, Getty Images)
