California POST Training Practice Test

What is an indictment?

1. A plea made by the defendant

2. A formal charge or accusation of a serious crime

3. A type of sentencing advisory from the court

4. A review of evidence conducted by the appeals court

The correct answer is: A formal charge or accusation of a serious crime

An indictment is accurately described as a formal charge or accusation of a serious crime. In the legal process, an indictment typically occurs when a grand jury has reviewed evidence presented by a prosecutor and subsequently decides that there is sufficient proof to formally accuse an individual of a criminal offense. This process is an essential step in the criminal justice system that helps ensure that serious charges are adequately substantiated before prosecution. In the context of legal proceedings, this distinguishes an indictment from other terms. For example, a plea made by the defendant refers to the defendant's response to the charges (such as guilty or not guilty), which is different from the indictment itself. Similarly, sentencing advisories are guidelines or recommendations related to the sentencing phase, not an indictment. Finally, a review of evidence conducted by an appeals court pertains to examining whether legal errors were made in earlier proceedings, which is unrelated to the initial charge of a crime. Therefore, the definition that identifies an indictment as a formal charge or accusation of a serious crime is the most accurate and relevant in understanding its role in the legal system.