Which of the following best describes the role of an accusatory instrument in the criminal process?

• A. It serves as an arrest warrant
• B. It outlines trial procedures
• C. It charges a person with a criminal offense
• D. It sets bail

Answer: (C)

An accusatory instrument is the formal charging document that starts the criminal action. It names the defendant, identifies the offense or offenses alleged, and sets forth enough facts to show why the person is being charged. In New York, this takes the form of an information or indictment (and, in some cases, a complaint). It is the official vehicle that informs the defendant of the charges and gives the court the basis to proceed to arraignment and beyond. This is different from an arrest warrant (which authorizes detention) or a document that outlines trial procedures or sets bail. So the essential role is to charge a person with a criminal offense.