The alteration of the charging terms of an indictment, either literally or in effect, after the grand jury has made a decision on it. • The indictment usu. cannot be amended at trial in a way that would prejudice the defendant by having a trial on matters that were not contained in the indictment. To […]
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The admission of evidence that modifies the indictment by modifying the elements of a charged offense or by establishing an offense different from or in addition to those in the indictment.
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amendment of indictment. The alteration of the charging terms of an indictment, either literally or in effect, after the grand jury has made a decision on it. • The indictment usu. cannot be amended at trial in a way that would prejudice the defendant by having a trial on matters that were not contained in
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Fifth Amendment. The constitutional amendment, ratified with the Bill of Rights in 1791, providing that a person cannot be (1) required to answer for a capital or otherwise infamous offense unless a grand jury issues an indictment or presentment, (2) subjected to double jeopardy, (3) compelled to engage in self-incrimination on a criminal matter, (4)
multiplicity (m[schwa]l-t[schwa]-plis-i-tee), n. Criminal procedure. The improper charging of the same offense in several counts of the indictment or information. • Multiplicity violates the Fifth Amendment protection against double jeopardy. [Cases: Indictment and Information 126. C.J.S. Indictments and Informations § 159.] — multiplicitous (m[schwa]l-t[ schwa]-plis-i-t[schwa]s), adj.
Grand Jury Clause. The clause of the Fifth Amendment to the U.S. Constitution requiring an indictment by a grand jury before a person can be tried for serious offenses.