Define indictment. Define information. Is a grand jury always ...

[JMatthes]

Define indictment. Define information. Is a grand jury always required?
 
  If not, when is
  an indictment or an information used?

Question 2

Define probable cause.
 
  Explain who determines whether probable cause to arrest exists.

[otokexnaru]

Answer to Question 1

An indictment is a charge or written accusation, issued by a grand jury, stating that probable cause exists to believe that a named person has committed a crime for which she should stand trial. The indictment is filed with the trial court and becomes the formal charge against the defendant.
An information is a formal criminal charge, usually issued by a prosecuting attorney, against a criminal suspect. It is issued after a preliminary hearing before a magistrate, if the magistrate finds sufficient evidence to establish probable cause. The federal government and about one-half of the states require a grand jury to make the decision as to whether the case should go to trial in felony cases. Thus, an information would be used in those states and those cases not requiring a grand jury.

Answer to Question 2

Probable cause is defined as existing if there is a substantial likelihood
(1) that a crime was committed and (2) that the individual committed the crime. Whether probable cause to arrest exists is determined by the police, if the crime is committed in their presence. If a victim or some other person reports a crime to the police, the police must decide whether there is enough information about the alleged wrongdoer's guilt to establish probable cause to arrest. If the police try to gather information to help them determine whether a suspect should be arrested and, after investigating the matter decide to arrest the suspect, the police must obtain an arrest warrant from a judge or other public official.