Criminal Resource Manual - 201 October 1997
CRM 201 Indictment and Informations
- An indictment, as defined in Black's Law Dictionary, is:
- An accusation in writing found and presented by a grand jury, legally convoked and sworn, to the court in which it is impaneled, charging that a person therein named has done some act, or been guilty of some omission, which by law is a public offense, punishable on indictment. A formal written accusation originating with a prosecutor and issued by a grand jury against a party charged with a crime. An indictment is referred to as a "true bill," whereas failure to indict is called a "no bill."
- Black's Law Dictionary 772 (6th ed. 1990).
- An information, has been defined as:
- An accusation exhibited against a person for some criminal offense, without an indictment. An accusation in the nature of an indictment, from which it differs only in being presented by a competent public officer on his oath of office, instead of a grand jury on their oath. A written accusation made by a public prosecutor, without the intervention of a grand jury.
- Id. at 779. Together with the pleas of guilty, not guilty, or nolo contendere, the indictment and information constitute the pleadings in Federal criminal proceedings. See Fed. R. Crim. P. 12(a).
CRM 201