Which statement best differentiates indictment and information?

Which statement best differentiates indictment and information?

• A. Indictment is a formal charge by a grand jury; information is a formal charge filed by a prosecutor without a grand jury.
• B. Indictment is a formal charge by a prosecutor; information is a formal charge by a grand jury.
• C. Indictment is used for civil cases; information is used for criminal cases.
• D. Indictment is issued after trial; information is issued before trial.

Answer: (A)

The key idea is who initiates the charge and whether a grand jury is involved. An indictment is a formal charge issued by a grand jury after reviewing evidence presented by the prosecutor; it serves as a screening to determine if there’s probable cause to charge someone with a crime. An information is a formal charge filed directly by the prosecutor without a grand jury. This distinction means an indictment comes from a jury process, while an information comes from the prosecutor alone. Both start criminal proceedings and move toward arraignment, but the main difference is the involvement of a grand jury versus a prosecutor filing the charge.

The key idea is who initiates the charge and whether a grand jury is involved. An indictment is a formal charge issued by a grand jury after reviewing evidence presented by the prosecutor; it serves as a screening to determine if there’s probable cause to charge someone with a crime. An information is a formal charge filed directly by the prosecutor without a grand jury. This distinction means an indictment comes from a jury process, while an information comes from the prosecutor alone. Both start criminal proceedings and move toward arraignment, but the main difference is the involvement of a grand jury versus a prosecutor filing the charge.