On Tue, 22 Jan 2002, Justin Schwartz wrote:
> >What's the difference between a criminal complaint and an indictment? And
> >what's the significance that the charges against Johnny Walker are in the
> >form of a criminal complaint rather than an indictment?
>
> 1) You can be indicted by a grand jury, which hears the prosecution's story
> in closed chambers and decides if there is enough to issue a true bill,
> i.e., for the government to proceed with the case. (It almost always does.).
> Fed. R. Crim P. 7(a).
>
> 2) A defendant may waive the grand jury proceeding and allow the governt to
> proceed by "information," which is just a statement of the charges and their
> basis. Rule 7(b).
>
> 3) A complaint is a written statement of the essential facts constituting
> the offense charged. Fed. R. Crim P. 3. It's normally the basis of a warrant
> if there is probable cause.
So you're saying the reason that Ashcroft issued their charges against against Johnny Walker in the form of a criminal complaint instead of getting a grand jury indictment (which the government took out against Richard Reid) must be that Johnny waived the grand jury proceedings? Or that his investigation is at an earlier stage and might yet proceed to an indictment? Or that it's not clear but anyway it doesn't matter?
Michael
__________________________________________________________________________ Michael Pollak................New York City..............mpollak at panix.com