Indictment
Indictment, a formal written accusation, drawn up by a prosecutor and made by a grand jury, against a person suspected of some crime. An indictment results if a grand jury has determined from the evidence presented to it that there is sufficient reason to bring a person to trial for a specified crime. After indictment, the accused is tried before a petit jury. The purpose of the procedure is to prevent arbitrary accusations and to make the accused aware of the precise charges against him or her so that a defense can be prepared. Provision for indictment by grand jury is found in the Fifth Amendment to the U.S. Constitution. Many state constitutions have similar provisions.
For greater efficiency and economy, the recent trend has been to replace the indictment in noncapital cases with the information. The information is an accusation made under oath by the prosecutor before the court. The determination as to whether the evidence justifies a trial is then made by the judge.