Indict vs. Prosecute — What's the Difference?
By Tayyaba Rehman & Fiza Rafique — Updated on April 29, 2024
Indictment involves formally charging someone with a crime, typically by a grand jury, while prosecution is the process of conducting legal proceedings against the accused in court.
Difference Between Indict and Prosecute
Table of Contents
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Key Differences
An indictment is a formal accusation that a person has committed a crime, usually issued by a grand jury, which is a group of citizens convened to consider whether there is sufficient evidence to charge someone with a crime. Whereas, prosecution refers to the entirety of the legal process that follows an indictment or a direct charge, where the state, represented by a prosecutor, attempts to prove the accused's guilt in a court.
Indictments are generally necessary before prosecution in felony cases in the federal legal system and many state systems, ensuring that there is probable cause to proceed with a criminal trial. On the other hand, prosecution encompasses all the steps from opening statements, through the presentation of evidence, to closing arguments and sentencing if the accused is found guilty.
In the indictment phase, the accused does not present a defense or testify; the proceedings are primarily for the grand jury to review evidence presented by the prosecutor. On the other hand, during prosecution, the accused has the right to defend themselves, present evidence, and testify in their own defense if they choose.
An indictment does not determine guilt or innocence but simply allows the prosecution to proceed. On the other hand, the prosecution phase is adversarial and is aimed at determining whether the accused is guilty beyond a reasonable doubt, the highest standard of proof in the legal system.
Indictments are typically sealed until the accused is apprehended and formally charged, serving as a preliminary step before the trial. In contrast, prosecution is public, with courtroom proceedings open to the public unless specific exceptions are granted.
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Comparison Chart
Definition
Formal accusation of a crime, usually by a grand jury
Legal process in court to prove accused's guilt
Phase in Legal Process
Preliminary, before the trial
Encompasses entire trial process
Purpose
To determine probable cause
To determine guilt or innocence
Participation of Accused
Does not participate or defend themselves
Actively defends, can present evidence
Visibility
Typically sealed until charges are public
Open to public, part of court proceedings
Compare with Definitions
Indict
To formally accuse of criminal activity in a legal setting.
The grand jury decided to indict the politician for corruption.
Prosecute
To continue or pursue a legal action to a decision or conclusion.
They decided to prosecute the lawsuit to reclaim their lost assets.
Indict
To make a formal accusation or charge against a party by the findings of a jury, especially a grand jury.
He was indicted but never prosecuted due to a lack of evidence.
Prosecute
To carry on or practice, especially as a profession or occupation.
He prosecutes his duties as a judge with diligence.
Indict
To charge someone with an offense or crime.
She was indicted on charges of insider trading.
Prosecute
To institute legal proceedings against; bring a lawsuit against.
The state will prosecute the case against the alleged offender.
Indict
To charge with a fault or offense; criticize or accuse.
The report indicted the school system for failing to provide safe environments.
Prosecute
To continue to do something in a determined way.
The organization prosecutes its goal to reduce homelessness.
Indict
To bring a formal accusation against, as a means of bringing to trial.
The company was indicted for environmental violations.
Prosecute
To conduct a case or lawsuit against someone.
The lawyer prosecuted the case efficiently.
Indict
(Law) To charge (a party) by indictment.
Prosecute
To initiate or conduct a criminal case against
Prosecute a defendant for murder.
Indict
To accuse of wrongdoing or criticize severely
"[He] managed to indict the country's smug, liberal establishment whose lip service throttled the struggle for civil rights" (Bob Spitz).
Prosecute
To initiate or conduct (a civil case or legal action)
Prosecute a lawsuit for libel.
Indict
To accuse of wrongdoing; charge.
A book that indicts modern values
Prosecute
To initiate or conduct legal proceedings regarding (an offense, for example)
Prosecute drug possession.
Indict
(legal) To make a formal accusation or indictment for a crime against (a party) by the findings of a jury, especially a grand jury.
His former manager was indicted for fraud
Prosecute
To pursue (an undertaking, for example) until completion; continue to the very end
Prosecute a war.
Indict
To write; to compose; to dictate; to indite.
Prosecute
To carry on, engage in, or practice (an occupation or business).
Indict
To appoint publicly or by authority; to proclaim or announce.
I am told shall have no Lent indicted this year.
Prosecute
To chase or pursue (a vessel)
"He held a dispatch saying that [they] had prosecuted and probably killed an Echo-class missile submarine" (Tom Clancy).
Indict
To charge with a crime, in due form of law, by the finding or presentment of a grand jury; to bring an indictment against; as, to indict a man for arson. It is the peculiar province of a grand jury to indict, as it is of a house of representatives to impeach.
Prosecute
To initiate or conduct legal proceedings
Decided to prosecute.
Indict
Accuse formally of a crime
Prosecute
To start criminal proceedings against.
To prosecute a man for trespass, or for a riot
Prosecute
To charge, try.
Prosecute
To seek to obtain by legal process.
To prosecute a right or a claim in a court of law
Prosecute
(transitive) To pursue something to the end.
To prosecute a scheme, hope, or claim
Prosecute
To follow or pursue with a view to reach, execute, or accomplish; to endeavor to obtain or complete; to carry on; to continue; as, to prosecute a scheme, hope, or claim.
I am beloved Hermia;Why should not I, then, prosecute my right ?
Prosecute
To seek to obtain by legal process; as, to prosecute a right or a claim in a court of law.
Prosecute
To pursue with the intention of punishing; to accuse of some crime or breach of law, or to pursue for redress or punishment, before a legal tribunal; to proceed against judicially; as, to prosecute a man for trespass, or for a riot.
To acquit themselves and prosecute their foes.
Prosecute
To follow after.
Prosecute
To institute and carry on a legal prosecution; as, to prosecute for public offenses.
Prosecute
Conduct a prosecution in a court of law
Prosecute
Bring a criminal action against (in a trial);
The State of California prosecuted O.J. Simpson
Prosecute
Carry out or participate in an activity; be involved in;
She pursued many activities
They engaged in a discussion
Common Curiosities
What is the key difference between being indicted and being prosecuted?
Being indicted means being formally accused of a crime, usually by a grand jury, while being prosecuted refers to the entire process of the trial to prove guilt in court.
What happens if someone is indicted but not prosecuted?
This can happen if the prosecution decides there is not enough evidence to likely lead to a conviction, and thus they may drop the charges.
Can someone be prosecuted without being indicted?
Yes, in cases of misdemeanors or when a prosecutor files a direct complaint, a person can be prosecuted without a grand jury indictment.
How does public access to information differ between indictment and prosecution phases?
Indictment processes are typically sealed and confidential until charges are made public, whereas prosecutions are public unless specific exceptions apply.
Is an indictment required for all criminal prosecutions?
No, indictments are typically required for felonies in federal court and many states, but not for misdemeanors.
Who carries out an indictment and who carries out a prosecution?
An indictment is carried out by a grand jury, which decides whether there is sufficient evidence to charge someone. Prosecution is carried out by a prosecutor, who works to prove the defendant’s guilt in court.
What is the role of evidence in both indictment and prosecution phases?
In the indictment phase, evidence is used to establish probable cause. In prosecution, evidence is used to prove or dispute guilt beyond a reasonable doubt.
Does an indictment guarantee a subsequent trial?
Not always; an indictment is necessary for a trial, but factors like insufficient evidence can prevent a trial from occurring.
Are all prosecutions done by the government?
Yes, prosecutions in criminal cases are conducted by governmental authorities, such as a district attorney's office.
What is a 'no bill' in the context of indictments?
A 'no bill' is a decision by a grand jury that there is insufficient evidence to indict.
What rights does the accused have during the prosecution that they don't have during the indictment?
During prosecution, the accused has the right to defend themselves, present evidence, and testify. These rights are not part of the indictment process.
How can someone defend against prosecution?
The accused can challenge the prosecution's evidence, present their own evidence, and utilize legal defenses to dispute the charges.
Can the outcome of an indictment be appealed?
No, an indictment itself cannot be appealed; however, the legal proceedings following an indictment, including convictions, can be.
What determines whether a case goes to trial after an indictment?
The decision to go to trial is usually based on the strength of evidence, legal strategies of the prosecution, and sometimes pre-trial settlements or plea deals.
What can trigger an indictment?
An indictment can be triggered by a presentation of sufficient evidence by the prosecution to a grand jury, suggesting probable cause to charge someone with a crime.
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Written by
Tayyaba RehmanTayyaba Rehman is a distinguished writer, currently serving as a primary contributor to askdifference.com. As a researcher in semantics and etymology, Tayyaba's passion for the complexity of languages and their distinctions has found a perfect home on the platform. Tayyaba delves into the intricacies of language, distinguishing between commonly confused words and phrases, thereby providing clarity for readers worldwide.
Co-written by
Fiza RafiqueFiza Rafique is a skilled content writer at AskDifference.com, where she meticulously refines and enhances written pieces. Drawing from her vast editorial expertise, Fiza ensures clarity, accuracy, and precision in every article. Passionate about language, she continually seeks to elevate the quality of content for readers worldwide.
