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29 Mich. L. Rev. 403 (1930-1931)
Initiation of Criminal Prosecutions by Indictment or Information

handle is hein.journals/mlr29 and id is 431 raw text is: MICHIGAN LAW REVIEW Vol. XXIX February, 1931 No. 4 THE INITIATION OF CRIMINAL PROSECUTIONS -BY INDICTMENT OR INFORMATION By RAYmoND MOqI y* 0 NE of the most pronounced changes in criminal procedure pr6- posed by the new criminal code prepared under the direction of and approved by the American Law Institute is that which pro- poses all offenses heretofore required to be prosecuted by indict- ment 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.2 The reform thus officially proposed by the Institute has been widely recommended by commissions .-and committees interested in the reform of criminal procedure. Int many of the states in which the indictment is still required there hat bee a distinct agitation for the change. The New York Crime Comims- sion favored it. The Illinois Crime Survey makes it a definite issue.- The Pennsylvania Crime Commission considered it seriously. On thie *Professor of Public La*, Columbia University. 'Section II8 of the Code of Criminal Procedure. Published by The Amer- ican Law Institute (Philadelphia, 930). 2In twenty-four states, viz., Arizona, C iifornia, Colorado, Connecticut (except for offenses punishable by-death or-life imprisonment), Florida (in certain counties), Idaho, Iowa, Kansas, Oklahoma, Louisiana (except capital cases), Michigan, Minnesota (except for offenses punishable by death or imprisonment for more than ten years), Missouri, Montana, .Nebraska, Nevada, New Mexico, North Dakota, South Dakota, Utah, Vermnt (like Connecti- cut), Washington, Wisconsin, Wyoming either-by constitution or statute indict- able offenses may also be prosecuted by information. American Law Institute, Cong op CImmAm. PRocDupR, page 4o.

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