Also known as:indictments or informations · indictment · information · charging instrument · charging document
Written by attorneys · grounded in primary & secondary sources — see below
A formal charging document that initiates a criminal prosecution for a capital or otherwise infamous crime. An indictment is returned by a grand jury while an information is filed by a prosecutor. Either instrument supplies the required accusation before a defendant may be held to answer.
Sources & Authorities
How it applies
Common Examples
6
Grand Jury Indictment Required
Federal prosecutors presented evidence to a grand jury that Israel Irving had committed wire fraud. The grand jury returned an indictment charging the offense. Because the crime was infamous, the Fifth Amendment barred any trial until the indictment issued.
Information Filed After Waiver
Imani Idowu waived indictment and consented to prosecution by information. The prosecutor filed the information alleging embezzlement. Defense counsel then certified that all factual denials rested on a reasonable inquiry into the evidence.
Judicial Notice of Prior Indictment
Iain Irons moved to dismiss a new prosecution. The government asked the court to take judicial notice that an earlier indictment had charged the same conduct. The court granted the request once supplied with the necessary court records.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Former Prosecutor Barred
A former government lawyer who had reviewed an indictment against Insight Consulting later joined a firm. The firm sought to represent the company in a civil suit arising from the same facts. Screening measures were required because the lawyer possessed confidential government information.
Agent Must Disclose Indictment
An agent learned that his principal faced an imminent indictment for tax evasion. The agent possessed reliable information about the grand jury proceedings. The agent promptly notified the principal so the principal could protect his interests.
Offer Withdrawn After Indictment
Ironwood Capital offered to settle a contract dispute with Ira Irving. After learning that Irving had been indicted for related fraud, the company publicly repudiated the offer. Irving received reliable information of the repudiation and therefore lost any power to accept.
Common questions
Frequently Asked
3
When does the Constitution require an indictment rather than an information?+
The Fifth Amendment requires an indictment by grand jury for any capital or otherwise infamous crime. An information filed by a prosecutor is constitutionally sufficient only for lesser offenses or when the defendant waives indictment.
Supporting sources
What procedural steps follow the filing of an indictment or information?+
After the charging document issues, the defendant is arraigned, enters a plea, and may file pretrial motions. The case then proceeds to trial or other disposition.
Can a defendant challenge an indictment based on the quality of evidence presented to the grand jury?+
An indictment may rest on hearsay or other inadmissible evidence. Courts do not dismiss indictments merely because the evidence before the grand jury would be incompetent at trial.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
Marbury v. Madison <!-- acedexams opinion md v1 -- Case information - Court: Supreme Court of the United States - Decided: February 24, 1803 - Judges: Chief Justice Marshall Syllabus The Supreme Court of the United States has not power to…