Which of the following constitutes a superior accusatory instrument?

• A. Information
• B. Indictment
• C. Complaint
• D. Writ

Answer: (B)

Indictment. In New York criminal procedure, a grand jury’s indictment is the formal charging document used for felony prosecutions and is considered the superior accusatory instrument because it carries the scrutiny of peers. The grand jury reviews evidence presented by the prosecutor and, if there’s probable cause, returns an indictment, which then proceeds in the higher court. An information, filed by the district attorney, charges crimes without a grand jury’s involvement and is thus regarded as an inferior instrument. A complaint is typically used for initiating proceedings for lesser offenses or in preliminary steps, and a writ is merely a court order, not an accusation of a crime.