Information (written accusation)
Information, in the context of criminal justice, refers to a formal document that outlines the charges against a suspect following their arrest. This legal instrument is typically signed by a prosecutor and is essential in felony cases in jurisdictions that do not utilize a grand jury for initiating charges. The decision to file an information involves a careful assessment of the available evidence, which must establish probable cause to connect the suspect to the alleged crime. The role of law enforcement is crucial, as they are responsible for gathering and presenting evidence that supports the prosecutor's case. This interdependence among various actors in the criminal justice system—such as police and prosecutors—highlights the collaborative nature required to pursue legal action. Without sufficient evidence, prosecutors cannot move forward with trials, underscoring the importance of every step in the legal process. Understanding the information process sheds light on how charges are formally brought against individuals and the procedural safeguards in place to ensure justice.
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Information (written accusation)
SIGNIFICANCE: Information is an example of how court procedures require different criminal justice actors, such as the police and the prosecutor, to work together.
Once a person is arrested, a prosecutor must decide whether or not to file charges. The prosecutor may base this decision on several different factors, including the evidence in the case. For the suspect to be tried, the evidence must indicate that there is at least probable cause to believe a crime has been committed and that the suspect is the perpetrator. Prosecutors must rely on law-enforcement agencies to gather and present evidence supporting such a belief. Without sufficient or proper evidence, prosecutors will be unable to bring a case to trial.
One way for prosecutors to initiate charges is by filing an information. An information is a document formally listing the charges against a suspect. This document, signed by the prosecutor, is required in felony prosecutions in most states that do not use a grand jury to initiate charges.
This process highlights how actors in the criminal justice system depend on one another to ensure that the system works. Each step in the process is controlled by a different legal actor. For example, charges cannot be initiated without a police investigation. Trials cannot begin without a prosecutor demonstrating to a judge that there is probable cause to believe a crime was committed and that the accused was involved.
Bibliography
Champion, Dean John, Richard D. Hartley, and Gary A. Rabe. Criminal Courts: Structure, Process, and Issues. 3rd ed. Upper Saddle River: Prentice, 2012. Print.
"Indictment and Informations." US Department of Justice, www.justice.gov/archives/jm/criminal-resource-manual-201-indictment-and-informations. Accessed 5 July 2024.
Stolzenberg, Lisa, and Stewart J. D’Alessio. Criminal Courts for the 21st Century. 3rd ed. Miami: Dept. of Criminal Justice, Florida Intl. U, 2010. Print.
"Types of Criminal Pleadings." North Carolina Prosecutors' Resource Online, 26 June 2024, ncpro.sog.unc.edu/manual/103-1. Accessed 5 July 2024.