VI. Challenging the Sufficiency of the Indictment

• Library: The Rights of the Accused under the Sixth Amendment (ABA) (2016 Ed.)

VI. Challenging the Sufficiency of the Indictment

The indictment, as we have seen, is designed to put the defendant and counsel on notice as to the crimes that are being charged and all the necessary elements of those crimes that must be proved beyond a reasonable doubt.⁷⁷ "An indictment is sufficient if it . . . state[s] the elements of the crime charged, adequately inform[s] the defendant of the nature of the charges, and allow[s] the defendant to plead the judgment as a bar to future prosecutions."⁷⁸

Challenges to the sufficiency of the indictment are not often successful unless serious substantive drafting errors are present.⁷⁹ "The sufficiency of an indictment [should] be determined on the basis of practical rather than technical consideration. . . . Hair splitting is to be eschewed."⁸⁰ As the Supreme Court has consistently held, "An indictment is sufficient if it, first, contains the elements of the offense charged and fairly informs a defendant of the charge[s] against which he must defend, and second, enables him to plead an acquittal or conviction in bar of future prosecutions for the same offense."⁸¹ Sufficiency is frequently achieved by prosecutors tracking the elements of the appropriate statute in the indictment.⁸² And if the result is somewhat conclusory and not helpful to the defense lawyer in preparing for trial, counsel may request a bill of particulars spelling out the allegations in some more detail.⁸³ The requirement is that the motion challenging an indictment be filed in a timely manner, normally well before the trial commences. If the motion is not made then, the challenge will be deemed waived.⁸⁴

--------

Notes:

^[77] . See generally ...