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Note: The comments and questions on this page came from people who visited this website. Please feel free to send your comments and questions to Professor Brenner (brenner@udayton.edu). She will respond privately, and may ask permission to post your message on this page. No one's e-mail will be used without first obtaining their permission, and names and e-mail addresses are removed before a comment is posted. Starting in 2002, the responses posted to the site indicate which of us replied: The initials SWB mean Professor Brenner wrote the response; the initials LES mean Professor Shaw wrote the response. We are also putting the year down, to indicate when the response was posted. If no initials appear, Professor Brenner wrote the response.

What’s the difference between a presentment and an indictment?

What's the difference between a presentment and an indictment?

Great site!

Response:

Glad you like the site.

A presentment is a charging document returned by a grand jury on its own initiative, without the involvement of a prosecutor. So, if a grand jury heard about a murder, decided to charge someone with murder (somehow came up with the form indictment to do so), and voted to return the charge that would be a presentment.

An indictment is a set of charges drafted by a prosecutor and submitted by the prosecutor to the grand jury. The prosecutor asks the grand jury to vote to return the indictment, i.e., to charge the person(s) named therein. If they return it, it's a charge.

Good luck.

 SWB

2002

  

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