What is the test for a defendant to be tried or convicted for an offence other than the one indicted by the grand jury?

MultiRegion, United States of America

The following excerpt is from United States v. Zeehandelaar, 498 F.2d 352 (2nd Cir. 1974):

--------

Notes:

1 An indictment drawn with reasonable certainty assures that the defendant will not be tried or convicted for an offense other than the one for which he was indicted by the grand jury, that the defendant will be able to prepare an adequate defense and to address himself to the relevant questions of fact and law, that the trial court will be able to determine that the jury's verdict rests on substantial evidence, that an appellate court's affirmance will not be for a crime other than the one for which defendant was convicted, and that the defendant will not face the prospect of being placed twice in jeopardy. See generally Russell v. United States, 369 U.S. 749, 82 S.Ct. 1038, 8 L.Ed. 2d 240 (1962).

Notes:

1 An indictment drawn with reasonable certainty assures that the defendant will not be tried or convicted for an offense other than the one for which he was indicted by the grand jury, that the defendant will be able to prepare an adequate defense and to address himself to the relevant questions of fact and law, that the trial court will be able to determine that the jury's verdict rests on substantial evidence, that an appellate court's affirmance will not be for a crime other than the one for which defendant was convicted, and that the defendant will not face the prospect of being placed twice in jeopardy. See generally Russell v. United States, 369 U.S. 749, 82 S.Ct. 1038, 8 L.Ed. 2d 240 (1962).

Other Questions


Can a defendant challenge a grand jury indictment on the grounds that the evidence was not presented to the grand jury? (MultiRegion, United States of America)
Is a defendant's Fifth Amendment right to be tried only on charges presented in a grand jury indictment? (MultiRegion, United States of America)
What is the test for a jury to acquit a defendant of a lesser-included offence before deciding whether to convict him of the greater offence? (MultiRegion, United States of America)
When a grand jury returns an indictment valid on its face, can independent inquiry be made to determine the kind of evidence considered by the grand jury? (MultiRegion, United States of America)
Does a constructive amendment to a grand jury indictment constitute a per se violation of the grand jury clause? (MultiRegion, United States of America)
In what circumstances will a relator be able to obtain a writ of habeas corpus and a prohibition against trying a defendant upon a Grand Jury indictment? ("New York", United States of America)
Can a grand jury dismiss an indictment against a defendant who has been found guilty beyond a reasonable doubt? (MultiRegion, United States of America)
Can a jury convict a defendant on a conspiracy charge based on evidence of an overt act that is not specified in the indictment? (MultiRegion, United States of America)
Does a pleading guilty to a charge of sexual assault waive a defendant's right to indictment by a grand jury? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.