THE INITIATION OF CRIMINAL PROSECUTIONS BY INDICTMENT OR INFORMATION

Authors

Raymond Moley, Columbia University

Abstract

One of the most pronounced changes in criminal procedure proposed by the new criminal code prepared under the direction of and approved by the American Law Institute is that which proposes "all offenses heretofore required to be prosecuted by indictment may be prosecuted either by indictment or information.'' This would radically affect the present criminal procedure of one-half of the states. In twenty-four states prosecution of practically all cases may now be by information. The reform thus officially proposed by the Institute has been widely recommended by commissions and committees interested in the reform of criminal procedure. In many of the states in which the indictment is still required there has been a distinct agitation for the change. The New York Crime Commission favored it. The Illinois Crime Survey makes it a definite issue. The Pennsylvania Crime Commission considered it seriously. On the other hand no commission in states where the information is used has recommended a return to the indictment system. A questionnaire on the subject sent by the reporters of the American Law Institute to many judges indicated almost universal satisfaction.

Recommended Citation

Raymond Moley, THE INITIATION OF CRIMINAL PROSECUTIONS BY INDICTMENT OR INFORMATION, 29 Mich. L. Rev. 403 (1931).
Available at: https://repository.law.umich.edu/mlr/vol29/iss4/2