FOCL Practice Test

Which legal instrument may be issued only by a grand jury?

1. Complaint

2. Indictment

3. Summons

4. Warrant

The correct answer is: Indictment

The correct answer is "Indictment" because it is a formal legal instrument that is specifically issued by a grand jury. An indictment serves as a formal charge or accusation that a person has committed a crime, and it is based on evidence presented to the grand jury by a prosecutor. The grand jury's role is to determine whether there is enough evidence to proceed with a criminal trial, which underscores the importance of this legal instrument in the criminal justice process. In contrast, a complaint can be initiated by various parties, including individuals or law enforcement, and does not require the involvement of a grand jury. A summons is typically issued by a court to notify a person to appear, and it does not require grand jury proceedings. A warrant is a directive issued by a judge or magistrate to authorize law enforcement to take a specific action, such as making an arrest or conducting a search, and is also independent of the grand jury's functions. Therefore, the unique role of a grand jury in issuing an indictment distinguishes it from these other legal instruments.