Information vs Indictment: What’s the Difference in Criminal Cases?

Information vs Indictment: What’s the Difference in Criminal Cases?

The legal system can be incredibly complex, and understanding the differences between different types of cases is essential for anyone involved in criminal justice. Two concepts that can be easily confused are ‘information’ and ‘indictment.’ Both are processes that involve charging a suspect with a crime, but the procedures and consequences vary depending on the specific situation. In this article, we will explain the differences between these two methods of charging a suspect in a criminal case.

What is an Information?

An information is a document that legally charges an individual with a crime. This document is typically filed by a prosecutor, who has the responsibility to prove that the accused committed the crime alleged in the document. The prosecutor is given some leeway in their specifications in the information, ensuring that they can charge the accused with the most appropriate crime possible.

In some cases, an information can be filed without first going to a grand jury. The prosecutor simply files the information directly with the court and initiates the case. This process is typically used for less severe crimes and ensures that the accused is appropriately charged with a crime.

What is an Indictment?

An indictment, on the other hand, is a formal accusation that is presented to a grand jury. A grand jury is a group of citizens who are selected to determine if there is enough evidence to charge someone with a crime. The prosecutor presents evidence to the grand jury, which then decides whether or not to issue an indictment.

If the grand jury finds that there is enough evidence, they will issue an indictment charging the accused with a crime. An indictment contains specific details about the crime committed and the accused’s alleged role. It is typically used in more severe cases where the prosecutor needs a higher level of scrutiny to ensure that the accused is appropriately charged.

What are the differences between Information and Indictment?

The primary difference between information and indictment is the process by which the suspect is charged and the role of the grand jury. In an information, the prosecutor has more control over the charging process. They can file the document directly, and the accused has the right to waive their right to a grand jury. In contrast, an indictment must be issued by a grand jury. The prosecutor must present the case and prove there is enough evidence to charge the accused with the crime.

Another difference is the level of scrutiny an indictment receives. Since an indictment requires a grand jury’s decision, there is more assurance that the charges filed against a person are based on a quality investigation by law enforcement. In contrast, the information relies on the prosecutor’s discretion and their level of investigative work.

Summary

In essence, an information and an indictment both charge a person with a crime. However, the process and requirements differ depending on what charge is being filed. An information is filed by the prosecutor, and they have the discretion to file the document with the court without a grand jury. An indictment requires a grand jury to make a decision and issue the accusation in the document. These distinctions ensure the accused can be appropriately and fairly charged with a crime.