The Judicial Conference of Senior Circuit Judges, in September 1941, recommended that “existing law or established procedure be so changed, that a defendant may waive indictment and plead guilty to an information filed by a United States attorney in all cases except capital felonies.” Report of the Judicial Conference of Senior Circuit Judges (1941) 13. The rule contains safeguards against improvident waivers. In many districts where the grand jury meets infrequently a defendant unable to give bail and desiring to plead guilty is compelled to spend many days, and sometimes many weeks, and even months, in jail before he can begin the service of his sentence, whatever it may be, awaiting the action of a grand jury. This rule is particularly important in those districts in which considerable intervals occur between sessions of the grand jury. Opportunity to waive indictment and to consent to prosecution by information will be a substantial aid to defendants, especially those who, because of inability to give bail, are incarcerated pending action of the grand jury, but desire to plead guilty. Presentment is not included as an additional type of formal accusation, since presentments as a method of instituting prosecutions are obsolete, at least as concerns the Federal courts. For a discussion of the provision for waiver of indictment, see Note to Rule 7(b), infra.Ĥ. Petty offenses and misdemeanors for which no infamous punishment is prescribed may now be prosecuted by information, 18 U.S.C. Consequently any offense punishable by imprisonment for a term of over one year is an infamous crime.Ģ. 753f (Commitment of persons by any court of the United States and the juvenile court of the District of Columbia place of confinement transfers). Any sentence of imprisonment for a term of over one year may be served in a penitentiary, if so directed by the Attorney General, 18 U.S.C. An infamous crime has been defined as a crime punishable by death or by imprisonment in a penitentiary or at hard labor, Ex parte Wilson, 114 U.S.

This rule gives effect to the following provision of the Fifth Amendment to the Constitution of the United States: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury * * *”. Notes of Advisory Committee on Rules-1944 The government may amend a bill of particulars subject to such conditions as justice requires. The defendant may move for a bill of particulars before or within 14 days after arraignment or at a later time if the court permits. The court may direct the government to file a bill of particulars. Unless an additional or different offense is charged or a substantial right of the defendant is prejudiced, the court may permit an information to be amended at any time before the verdict or finding. Upon the defendant's motion, the court may strike surplusage from the indictment or information. Unless the defendant was misled and thereby prejudiced, neither an error in a citation nor a citation's omission is a ground to dismiss the indictment or information or to reverse a conviction. For purposes of an indictment referred to in section 3282 of title 18, United States Code, for which the identity of the defendant is unknown, it shall be sufficient for the indictment to describe the defendant as an individual whose name is unknown, but who has a particular DNA profile, as that term is defined in section 3282. For each count, the indictment or information must give the official or customary citation of the statute, rule, regulation, or other provision of law that the defendant is alleged to have violated. A count may allege that the means by which the defendant committed the offense are unknown or that the defendant committed it by one or more specified means. A count may incorporate by reference an allegation made in another count.

It need not contain a formal introduction or conclusion.

The indictment or information must be a plain, concise, and definite written statement of the essential facts constituting the offense charged and must be signed by an attorney for the government. An offense punishable by imprisonment for more than one year may be prosecuted by information if the defendant-in open court and after being advised of the nature of the charge and of the defendant's rights-waives prosecution by indictment. An offense punishable by imprisonment for one year or less may be prosecuted in accordance with Rule 58(b)(1). (B) by imprisonment for more than one year. An offense (other than criminal contempt) must be prosecuted by an indictment if it is punishable:

Bill of particulars pdf