Legal Definitions - constructive amendment of indictment

Constructive amendment of indictment refers to a change made to the charges against a defendant that is not done through the proper legal process. This can happen when the prosecution alters the charges in a way that is not authorized by law or the grand jury indictment.

For example, if a defendant is indicted for robbery, but during the trial, the prosecution changes the charge to burglary, this would be considered a constructive amendment of the indictment. This is because the defendant did not have proper notice of the charges against them and was not given the opportunity to prepare a defense for the new charge.

Another example of constructive amendment of indictment could be if the prosecution changes the time frame or location of the alleged crime without going through the proper legal process. This can also be considered a violation of the defendant's rights and can lead to a mistrial or dismissal of the charges.

Overall, constructive amendment of indictment is a serious issue in criminal trials as it can lead to a violation of the defendant's rights and a miscarriage of justice.