201
Indictment and Informations
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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).
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