The Difference Between Information and Indictment in Criminal Law
Criminal law can be a complicated and confusing area for those who aren’t familiar with its nuances. Two terms that often come up in criminal proceedings are “information” and “indictment.” So, what are the differences between these two legal terms?
Let’s start with the basics. An information is a formal charging document filed by a prosecutor that sets out the charges against a defendant. It is typically used in misdemeanor cases or as an alternative to an indictment in some jurisdictions. An indictment, on the other hand, is a formal charging document returned by a grand jury that accuses a person of committing a crime. It is used in felony cases and is required by the U.S. Constitution.
The main difference between the two is that an indictment is the result of a grand jury investigation, while an information is filed by the prosecutor. A grand jury is a group of citizens who are summoned to investigate and determine whether there is enough evidence to bring criminal charges against an individual. They are typically used for serious crimes and are convened in secret.
In contrast, an information is filed by the prosecutor after reviewing the evidence in a case. The prosecutor has the discretion to charge a defendant with specific crimes based on the evidence they have gathered. This process is typically used in minor criminal cases or as an alternative to an indictment in some jurisdictions.
Another key difference between an information and an indictment is the level of detail contained in each document. An indictment must contain specific allegations and charges against the defendant. It also must be based on probable cause, which means that the grand jury must find that there is sufficient evidence to believe that the defendant committed the crime.
In contrast, an information is typically less detailed than an indictment and does not require a grand jury investigation. Instead, the prosecutor is only required to provide enough information to the defendant so that they can prepare a defense.
In summary, an information and an indictment are both formal charging documents used in criminal proceedings. The main difference between the two is that an indictment is the result of a grand jury investigation, while an information is filed by the prosecutor. An indictment is typically used in felony cases, while an information is used in less serious criminal cases or as an alternative to an indictment in some jurisdictions. Regardless of the type of charging document used in a criminal case, anyone accused of a crime always has the right to legal representation and due process under the law.
