Document Type



From Indictment to Information -- Implications of the Shift, 42 Yale Law Journal 163 (1932)


RECALLING Bentham's assertion that the grand jury had been per-forming no useful function since the beginning of modern prosecu-tion, and remarking the unanimity of modern expert studies to the same effect, the Report on Prosecution by the National Commission on Law Observance and Enforcement concludes:

"that under modern conditions the grand jury is seldom better than a rubber stamp of the prosecuting attorney and has ceased to perform or be needed for the function for which it was established and for which it was retained throughout the centuries; that .... an unnecessary work burden upon the administration of justice .... should be lightened by eliminating the necessity of indictment and permitting prosecution to be instituted and accusation to be made through the simpler processes of information."

Date of Authorship for this Version



legal education, juries, New York