What is a Speaking Indictment?
A speaking indictment is a formal accusation in a criminal case that goes beyond the bare minimum requirements. While a typical indictment just lays out the charges, a speaking indictment includes additional details about the alleged wrongdoing. This can involve things like:
- Specifics about the time, date, and location of the crime
- A narrative describing the defendant’s actions
- Evidence that supports the charges
There are pros and cons to speaking indictments. Prosecutors argue they give the defendant a clearer picture of the accusations against them, making it easier to prepare a defense. They can also be a way to pre-empt certain defense strategies. However, critics argue they can be prejudicial by putting out a lot of negative information before a trial, and they can be misused to essentially try the case in the media before it goes to court.