“Indicted” and “convicted” are two important words in the dictionary of a law student. We have all heard the terms, charged, convicted, and indicted on television. Many criminal lawyers use convicted vs indicted interchangeably. Most people, in general, fail to understand the difference between these terms. The confusion is justified because the terms are almost alike. However, in this article, we will discuss the thin line of difference that lies between the two.
Indicted vs convicted both describe different stages in a criminal case. If we were to put it simply, we can very easily point out the difference between indicted vs convicted. Indicted means that a person is merely accused of a crime. There is no proof yet. Whereas, when someone is convicted, it means that proof says they are guilty of the crime.
Either way, these two little terms have a big impact on what could happen to a person. With the domain of indicted vs convicted comes with its distinct legal rights and consequences. In this article, we will take a closer look at what “indicted” and “convicted” means. We will also touch upon an additional element. i.e., charged vs indicted vs convicted. Let’s find out how these terms affect the rights of the people involved in criminal cases.
What Does Indicted Mean?
To understand the differences between indicted vs convicted, we must understand what indictment means. The term “indictment” has its roots in Latin. The Latin word “indictare” means to “accuse, or to present for accusation.” Therefore, an indictment translates to an accusation.
If you are “indicted”, it means that you are legally accused of committing a crime. Under the law of the United States, the accusations require proof in the presence of a grand jury.
Necessary Elements
These are the necessary elements of an indictment.
- An indictment consists of a written statement of the charges against a person. Legal experts consider it to be the very first step in the criminal prosecution process.
- We should note that an indictment does not mean the person is guilty. Rather, when there is sufficient evidence against a person, an indictment is the green flag to proceed with a trial.
- The grand jury is just a group of citizens to whom the prosecutors present the evidence of the case. They go through the evidence. After careful consideration, they decide whether the accused has actually committed the said crime.
All indicted people go through the process of a trial to decide if the judge will convict or acquit them.
What Does Convicted Mean?
To understand the differences between indicted vs convicted, we must understand what convicted means. The word “convicted” has its origins in Latin as well. The Latin verb “convictus” means “to demonstrate or prove”. In the legal sense, to “convict” a person means to prove them guilty of a crime in a recognized court of law.
If the U.S. law defines one as a convicted, it means that there is sufficient legal finding of their guilt. An imposition of a penalty/criminal sentence will be the result of this trial. The prosecution could also offer the “convict” a plea agreement (shorter sentence in exchange for information). However, in the argument of “indicted vs convicted,” certain elements have to be present to lead to a conviction.
Necessary Elements
These are the necessary elements of a crime that leads to a conviction.
- There is a commission of a Crime
- The individual must commit a criminal offense. Moreover, the legal authorities need to consider this act to be illegal.
- All Convictions Should Follow Due Legal Process
- In order to convict a person, the government has to put all parties through the same formal legal process. A court of law will hear all sides of the story.
- Prosecution To Prove Guilt
- This is the ending note of a conviction. Once the proves the defendant’s guilt, the person is officially a convict.
However, it is necessary that the prosecution establishes guilt beyond a reasonable doubt.
Charged vs Indicted vs Convicted
In the comparison between indicted vs convicted, there is yet another addition. So what does charged mean? A “charged” individual is facing an accusation of a crime. When this accusation takes place formally, it is called a charge.
This step is a crucial one in our Indicted vs convicted debate. Only after a person is charged can he be indicted. Only after the indictment, once the prosecutions prove the guilt, can a conviction occur.
Simply put, a person committing a crime is charged. The charge formally brings about an accusation against the person, and the trial begins. A charge will clearly specify the alleged offense. It is also the starting point for a criminal case.
Necessary Elements
Let us look at some necessary elements of a charge.
- The person bringing the charge should formally accuse the accused of committing a crime.
- An accused is innocent until proven guilty in any court of law of the US.
- An investigation, arrests, and a full-blown trial will follow a charge.
Depending on the nature of proof, the person will either be convicted or acquitted.
Final Verdict
Now that we have reached an end to our discussion on “indicted vs convicted”, let us finish off by stating the rights of the parties in each case. So, as a form of recap, a charge is the initial state of a trial. It leads to the initiation of the trial. Here, the charged person enjoys all the rights of a normal citizen. They also have the right to an attorney to prove their innocence.
An indicted person is one who is formally accused of a crime. The only difference with a charge in this case is that a grand jury delivers the final decision. The accused enjoys all rights that ensure a fair legal process. They enjoy the Right to Legal Representation, the right to remain silent under the Fifth Amendment, and the Right to a Fair Trial.
When individuals are convicted of a crime, they lose certain rights. However, they do retain certain fundamental rights under the U.S. Constitution. The Eighth Amendment protects them from unfair and cruel treatment. Convicts even have the right to medical and mental health care.
Thus, with this, we come to an end of our debate on indicted vs convicted vs charged.
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