NCJ Number
120587
Journal
American Criminal Law Review Volume: 26 Issue: 3 Dated: (Winter 1989) Pages: 1187-1215
Date Published
1989
Length
29 pages
Annotation
This article describes the process of criminal prosecution, including indictment procedure, challenges to the sufficiency of an indictment, and amendments and variances permitted.
Abstract
Federal defendants cannot challenge indictments based on evidence presented to a grand jury. Federal circuit courts currently cannot agree whether a court should dismiss an indictment based in great part on perjured testimony. However, there are many constitutional and procedural approaches that a defendant can use to seek dismissal of an indictment, and these are discussed, along with relevant case law. Duplicitous and multiplicitous indictments are defined and discussed, as are issues related to joinder and severance of defendants and offenses. Certain prosecutorial policies and defense strategies are defined, including the sending of target letters, hesitancy to institute multiple prosecutions, and the use of transactional or testimonial immunity. The indictment process is assessed and found to be effective in balancing the rights of the defendant and the goals of the government in crime prevention. 205 footnotes.