What is an accusatory instrument?

An accusatory instrument is a vital document in the legal process that initiates criminal charges. A sworn affidavit fits this definition because it is a written statement confirmed by oath or affirmation, typically used to support the accusations against an individual. It presents facts that establish the basis for the charges and is a formal declaration made under penalty of perjury.

In the context of the options provided, an evidentiary document or instrument that outlines specific criminal charges would be a sworn affidavit or similar legal document. It serves as a foundational element for a case, detailing the offenses in a manner that allows for the prosecution to proceed.

The other options do not fall within the definition of an accusatory instrument. Evidence presented in court, while necessary for proving a case, comes after charges have been made and does not initiate them. A witness statement, while crucial during trials, also does not constitute an accusatory instrument. Finally, physical evidence can support a case but again is not the formal document outlining the charges. Thus, the correct answer highlights the foundational role of a sworn affidavit in the legal process regarding accusations.