amendment of indictment

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 the indictment. To do so would violate the defendant’s Fifth Amendment right to indictment by grand jury. [Cases: Indictment and Information 159. C.J.S. Indictments and Informations § 193.]

constructive amendment of indictment. 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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词条贡献者

双语律师Pablo，国际知名法学院法律专业，擅长翻译涉及高端品牌及消费品领域的法律文件。