Submitted by jcw10489 t3_1277dky in explainlikeimfive
codsprint t1_jed93pd wrote
Reply to comment by Ninjaromeo in eli5 What does “indicted” mean? by jcw10489
I may be one of the few here that’s actually presented evidence to a grand jury.
Almost none of that is accurate. First, people aren’t “found innocent,” because the burden of proof is on the government. Defendants are either found guilty or not guilty. Not guilty and innocent are not the same thing.
Further, the defense virtually never directly participates in a grand jury proceeding.
Third, it’s not a trial. Not even close. Evidence is presented under oath to a grand jury, and it is almost never all of the evidence the government has. Generally, only probable cause that one or more offenses has been committed is the standard.
Testimony generated in the grand jury process is also largely irrelevant at the trial phase, except for impeachment purposes on rare occasions.
Ninjaromeo t1_jed9p10 wrote
I will acknowledge you correct on all of your corrections of me.
My main point though, is that indictment does not mean that the court or government thinks you are guilty.
You are a knowledgeable person apparently. You agree with that point, correct?
codsprint t1_jedadhh wrote
That’s a hard question to answer. The court (for the most part) is not involved in the grand jury proceeding. Obviously, however, representatives of the government likely believe the case is provable, or they wouldn’t be presenting the case to the grand jury.
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