Charging Documents

Complaint

An accusation of crime may be set forth in a document known as a complaint. In a criminal case it is a sworn allegation made in writing to a court or judge that an individual is guilty of some designated offense. This is often the first legal document filed regarding a crimi­nal offense. The complaint can be filed by the victim, the police offi­cer, the district attorney, or other interested parties. If it appears that there is probable cause to believe that the defendant has committed a crime, a warrant for arrest will be issued. Probable cause is deter­mined at the preliminary hearing, which, unlike grand jury proceed­ings, is public and attended by the accused and the defense attorney. In most states an information may be used in place of a grand jury indictment to bring a person to trial. The magistrate judge may also, at the request of the prosecutor, issue a summons ordering the defendant to appear before the magistrate at a stated time and place, rather than having the defendant arrested and brought to court.

 

Information

An information is a written accusation, a formal charging document, made by a prosecutor on his oath of office without the intervention of a grand jury. It accuses a person of committing some criminal offense. However, the Fifth Amendment to the Constitution of the United States requires the federal government to prosecute 'infamous' crimes only upon presentment of an indictment by a grand jury.

 

Indictment

An indictment is a written accusation returned by a grand jury charging one or more individuals with a specified crime or crimes after determination of probable cause. The grand jury is usually comprised of twenty‑three registered voters chosen at random (sixteen constitute a quorum for the transaction 01' business). Members of the grand jury hear the evidence adduced by the prosecution and issue formal criminal accusations if they are satisfied that a trial should be held. Thus, the grand jury serves an investigatory func­tion: it does not decide a defendant's guilt or innocence.

The prosecutor, who represents the government and presents evi­dence to the grand jury that a crime has been committed, does not have to prove the case beyond a reasonable doubt (as in a trial). He does, however, have to present sufficient evidence to show that it is more likely than not that the crime was committed and that the per­sons under investigation probably committed it. If the prosecutor pre­sents enough evidence to establish probable cause, the grand jury returns what is known as a ture bill, and an indictment will result. If the prosecutor is not successful in establishing a prima facie (on the face of it) case, the grand jury returns what is known as no bill.

The federal grand jury is concerned only with federal crimes. There are also grand juries impaneled in many of the states and those grand juries investigate only state crimes; they derive their authority from the constitutions, laws, and rules of court of the states where they are impaneled. Some states only use grand juries to investigate crime and corruption among public officials in a lim­ited number of cases. Other states have replaced it with the infor­mation.' State and federal grand juries are similar and their work is essentially the same, but some rules do vary (e.g., the number of grand jurors).

There is considerable disagreement about the origin of the grand jury. By most accounts the institution of the grand jury antedates the Magna Carta, the first English constitutional document, granted in 1215 by King John, at the demand of his barons. The first English grand jury consisted of twelve men who were summoned to inquire into crimes alleged to have been committed in their commu­nity. They functioned as accusers or witnesses, rather than as judges. With time, as the modern grand jury developed in England, proceedings became secret and the grand jury became independent of the Crown. Consequently, a grand jury may indict or refuse to vote an indictment, regardless of the recommendations of judge, prosecutor, or an), other individual. When the English colonists came to America, they brought with them many of the institutions of the English legal system, among them the grand jury, which was to be included in the Bill of Rights. The Fifth Amendment to the Constitution of the United States provides in part that:

[no[ person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury...

 

In contrast to the trial jury (also called the petit jury) which listens to the evidence offered by the prosecution and the defense (if the defense chooses to present evidence) during a criminal trial, the grand jury hears only the evidence tending to show the commission of an alleged crime. It determines‑without hearing evidence for the defense‑whether a person should be tried. A grand jury is not completely free to compel a trial of anyone it chooses. The prosecutor must sign the indictment before an individual may be prosecuted. Thus, the government and the grand jury act as checks upon each other.

Grand jury proceedings are strictly confidential. This secrecy extends to interpreters, who take an oath that they will not divulge the nature or content of the grand jury investigation unless ordered to do so by the appropriate judicial authority. The foreperson administers the oath sworn to by the interpreter at the beginning of each proceeding. In the Southern District of Florida, interpreters are required to undergo a background check and obtain security clear­ance before they may interpret at grand jury hearings. This practice, however, is rather recent and does not extend uniformly to other parts of the country. Because of the need for secrecy, only autho­rized persons may be present in the grand jury room while evidence is presented, i.e., the jurors, the prosecutor, the witness under exam­ination, the court reporter, and the court interpreter (when needed). Prosecutors must not be present, however, while the grand jury deliberates or votes on an indictment.

Witnesses are called to testify individually. Each witness, as he appears to give testimony, is sworn by the grand jury foreperson (or, in his absence, by the deputy foreperson). The prosecutor advises wit­nesses of their rights, explains the reason they have been called to tes­tify, and conducts the questioning. Members of the grand jury have the right to ask questions of the witnesses. Witnesses must appear unaccompanied by their attorneys, although they may step outside the room to consult with them before answering any questions. Defen­dants under subpoena to appear before the grand jury may answer questions or decline to do so under the Fifth Amendment.

The entire interview process is conducted in the consecutive mode. The interpreter's English rendition of the witness's words (and not the original foreign language testimony) is taken down by the court reporter.

 

In summary, the grand jury has the responsibility of' determining whether the evidence presented indicates that a crime was probably committed. Thus, before a person can be subjected to a trial, the grand jury must be satisfied that there is probable cause to believe that a crime has been committed and that the accused has probably committed it.