Information

• Author: Charles H. Whitebread
• Pages: 1369

Page 1369

An information is a formal written accusation against a person for a criminal offense presented under oath by a public officer, usually a prosecutor. An information is used to charge an individual with criminal activity in cases where an INDICTMENT by a GRAND JURY is unnecessary or is waived by the accused. Like an indictment, the filing of an information results in the commencement of a formal prosecution. Thus, the information must be clear and specific in order to give adequate notice to the accused of the charges against him and permit him to prepare his defense.

Most states permit prosecution by information or indictment at the option of the prosecutor. In these states, it is rare for a prosecutor not to use an information because it is easier and less time-consuming than an indictment. Grand jury indictments will be used in these jurisdictions only when the prosecutor wants to use the investigative powers of the grand jury. In other states, indictments are required in all FELONY cases or in all capital cases. However, even in these states, informations are used in MISDEMEANOR cases and in felony cases where the accused has waived his right to a grand jury indictment.

In federal misdemeanor cases, prosecutors have the option under the FEDERAL RULES OF CRIMINAL PROCEDURE to proceed by indictment or information. In federal felony cases, accused individuals have the right to insist on prosecution by indictment, but this right can be waived in all but capital cases.

Most jurisdictions limit the prosecutor's discretion to file an information. Generally, the prosecutor cannot file an information unless the accused has had a preliminary hearing before a magistrate. This requirement is designed to weed out groundless charges, thereby relieving an accused of the burden of preparing a defense. However, the effectiveness of this limitation on prosecutorial abuse in filing informations is undercut in several ways. First, in most jurisdictions, a finding of no PROBABLE CAUSE by one magistrate at a preliminary hearing does not preclude presenting the case to another magistrate. Thus, a prosecutor can "shop around" for a magistrate who will find the requisite probable cause and enable the prosecutor to file an information.

In addition, in filing an...