When Neither an Indictment Nor an Information
The Fifth Amendment specifically excepts from the indictment
those cases "arising in the land or naval forces, or in the
Militia, when in
actual service in time of War or public danger." Indeed, all
under the Uniform Code of Military Justice in which the accused is
on active duty
in the military service may be prosecuted by court-martial.
Solorio v. United
States, 483 U.S. 435 (1987).|
Criminal contempt represents another exception to the rule
prosecutions must be initiated by an indictment or information.
under 18 U.S.C. § 401 may be initiated summarily by the court
or upon notice
and hearing in accordance with Rule 42, Fed. R. Crim. P.
See Green v.
United States, 356 U.S. 165 (1958); United States v.
F.2d 700, 703 (1985). An indictment, although not required, may be
See United States v. Mensik, 440 F.2d 1232 (4th Cir.
However, in the case of contempt of Congress under 2 U.S.C. §
194, the use
of an indictment is required by statute and must be employed.
Russell v. United States, 369 U.S. 749 (1962).