indictable etymology

Etymology:

• From Medieval Latin indictabilis, from Latin indicare ("to point out, show, indicate") + -bilis (suffix forming adjectives indicating possibility or capability).

Meaning:

• Capable or worthy of being prosecuted by formal indictment.
• Subject to indictment or prosecution by a grand jury.

Origin:

The concept of an "indictable offense" emerged in the Middle Ages as a way to distinguish between minor offenses that could be handled locally and serious crimes that required the involvement of a grand jury. Grand juries were first used in England in the 12th century to investigate and indict individuals accused of serious crimes.

In the English common law system, a person could only be charged with a crime if they had been indicted by a grand jury. This process ensured that only cases with sufficient evidence were brought to trial. Offenses that were not considered serious enough to be indicted were typically handled by local courts.

The term "indictable offense" was first used in the United States in the late 18th century. The US Constitution includes a provision (the Fifth Amendment) that protects individuals from being tried for a capital or infamous crime without first being indicted by a grand jury.

Today, the term "indictable offense" is used in many legal systems around the world to refer to serious crimes that require a formal indictment. The specific offenses that are considered indictable vary from jurisdiction to jurisdiction.

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