We have yet to have a trial or to see all the evidence. This is merely enough to indict. But that is big because then you can subpoena, you can question witnesses, you can throw the weight of the DOJ and FBI behind this investigation. You can also offer witness protection. You can take people's testimonies on the record.Beyond a reasonable doubt much?
There are several potential advantages for a prosecutor in seeking and obtaining an indictment of a suspect:
- Formal initiation of felony proceedings: In many jurisdictions, particularly for serious offenses (felonies), an indictment is a formal accusation that allows the prosecution to proceed with the case in higher courts like Superior Court.
- Grand jury screening: The indictment process involves a grand jury – a group of citizens – reviewing the evidence and determining if there's probable cause to believe a crime was committed and the suspect was involved. This acts as a safeguard against unsubstantiated charges.
- Testing the strength of the case: The grand jury process can be a way for the prosecution to assess the strength of their case before a full trial. The prosecutor presents evidence to the grand jury, essentially acting as a "test run" for how a potential trial jury might react.
- Protection of the investigation: In some cases, a sealed indictment can be used to keep charges confidential, allowing investigators to gather more evidence, prevent the suspect from fleeing, and protect witnesses who might be at risk if their cooperation becomes public.
- Coordination of arrests: Sealed indictments can also be used in cases with multiple suspects, allowing law enforcement to coordinate arrests and apprehend all individuals simultaneously without tipping them off.
- Stronger legal foundation: An indictment, particularly a grand jury indictment, can be seen as a more substantial basis for a case than a criminal complaint, which is often based solely on a law enforcement officer's testimony. This can be particularly important in serious felony cases.
- Locking in witness testimony: Presenting witnesses before a grand jury allows the prosecution to put their testimony on record, which can be useful if the witness becomes unavailable or their testimony changes later.