An indictment is not a conviction or indicator of guilt
The American criminal justice system operates under the theory that anyone charged with a crime is presumed "innocent until proven guilty."
A story I wrote in last week’s Floyd Press — about the indictment of a female member of Floyd County’s rescue squad on four sexual abuse charges involving a 16-year-old boy — generated a lot of comment and public debate in Floyd County.
Customers at Express Mart in Floyd cornered owner Roger Hollandsworth — a Rescue Squad officer — and demanded to know how he could “allow someone like that on the squad.” Some assumed, incorrectly, that the charges stemmed from alleged incidents from her duties with the squad.
Diners at Blue Ridge Restaurant came up my table during breakfast and assumed she is guilty of the charges.
“Let’s don’t assume anything,” I said. “An indictment is not a conviction. There’s an old saying in legal circles that the grand jury system is so rigged in favor of the prosecution that a ham sandwich could be indicted.”
That’s the problem when someone is indicted and news of that indictment is published in a newspaper or broadcast over the airwaves. Too many people assume that an indictment is an indicator of guilt.
It’s not. An indictment simply means a grand jury was presented enough information to suggest a crime may have taken place and that someone should be charged with that alleged crime.
The grand jury reviews material collected by law enforcement and prosecutors. It does not hear from the defendant. That comes later.
The American criminal justice system operates under the theory that anyone charged with a crime is presumed “innocent until proven guilty.”
As a newspaper reporter who covers courts, I often write about local people who face indictment for crimes they may or may not have committed. Some end up convicted in a trial. Some cop a plea. Some are cleared of the charges and go home.
Everyone should remember this before assuming anything about anyone is named in a story about a grand jury indictment.
Long-time newspaperman, photographer and videographer who still shoots photos and covers government and courts for a newspaper, shoots video for TV and documentary use and owns web sites like Blue Ridge Muse, Capitol Hill Blue and American Newsreel.