How can prosecutors bring serious criminal charges without a grand jury in some states?

In the United States, the requirement for a grand jury indictment—guaranteed by the Fifth Amendment for federal prosecutions—does not apply to state courts. Consequently, many states have either abolished the grand jury or significantly limited its use.123

In these jurisdictions, prosecutors can bring serious criminal charges through an instrument known as an information. An information is a formal written accusation of a crime prepared and presented to the court directly by a prosecuting official, rather than being affirmed by a grand jury.13

While the grand jury was historically intended to serve as a protective shield against unwarranted prosecution, its role has evolved, and in many states, the decision to initiate charges for serious offenses rests primarily with the prosecutor. Even in federal courts, where the grand jury requirement exists, defendants may waive their right to an indictment for non-capital crimes, allowing the case to proceed via a prosecutor's information.4132