Question

In a federal criminal trial, the magistrate judge to whom an indictment is returned may direct that the indictment be kept secret until the defendant is in custody or has been released pending trial is called a ________.

1) Sealed indictment
2) Confidential indictment
3) Private indictment
4) Classified indictment

Answer 1

A sealed indictment is used in a federal criminal trial to keep the indictment secret until the defendant is in custody or released pending trial, to protect the defendant's right to a fair trial or prevent potential harm.

Step-by-step explanation:

The correct answer is 1) Sealed indictment.

In a federal criminal trial, when an indictment is returned to a magistrate judge, they may direct that the indictment be kept secret until the defendant is in custody or released pending the trial. This is called a sealed indictment. It is done to protect the defendant's right to a fair trial or to prevent potential harm, such as witness retaliation or disclosure of classified information.

For example, if a public trial would undermine the defendant's right to a fair trial, the trial can be held behind closed doors. However, this is done in only certain, narrow circumstances. The sealed indictment helps ensure the integrity of the trial process.