ACCUSATORY INSTRUMENT Meaning and
Definition
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An accusatory instrument is a legal term used in criminal proceedings to refer to a document or written statement that formally accuses an individual or entity of committing a crime. It serves as the initial step in the legal process of charging someone with a criminal offense and initiating a criminal case against them.
Typically drafted by a prosecutor or law enforcement agency, an accusatory instrument outlines the specific details and allegations of the alleged crime, including the date, time, and location of the offense, the identity of the accused, and a description of the criminal act committed. It is a crucial document as it provides the basis for the charges against the defendant and ensures that they are informed of the nature of the accusations leveled against them.
An accusatory instrument can take various forms depending on the legal jurisdiction, such as a criminal complaint, an indictment, or an information. These documents may differ in terms of complexity and the level of detail required, but they share the fundamental purpose of formally notifying the defendant of the charges they are facing.
Once the accusatory instrument is filed with the appropriate court, it sets the legal process in motion, enabling the accused to exercise their legal rights, such as obtaining legal representation, preparing a defense, and pleading guilty or not guilty. The accusatory instrument also functions as a key document in providing the court with a basis for determining whether there is sufficient evidence to proceed with the criminal case.
Etymology of ACCUSATORY INSTRUMENT
"Accusatory instrument" is not a single word but a phrase that consists of two separate words. Nevertheless, we can examine the etymology of each word:
1. Accusatory: The word "accusatory" derives from the Latin term "accusātōrius", meaning "pertaining to an accusation". It comes from the verb "accusare", which means "to blame, charge, accuse". The Latin term later found its way into the English language through French influences.
2. Instrument: The word "instrument" has its roots in Latin as well. It comes from the Latin term "instrumentum", meaning "tool, appliance, equipment". This word was later adopted by Old English as "instrument", retaining a similar meaning.
Combining these two words, "accusatory instrument" refers to a tool, document, or object used in the context of making an accusation or bringing charges against someone.
