The Fifth Amendment requires grand jury indictment for federal felony prosecutions

Evidence

In federal courts and in some state courts, however, the process of formal accusation takes a different form. The Fifth Amendment to the U.S. Constitution requires that felony prosecutions in federal court be initiated by a grand jury indictment-that is, by a determination by an independent body of citizens that there is sufficient evidence to go to trial. — G. Alan Tarr, Judicial Process and Judicial…, 1701

Categorization

  • DEFINE: Defines indictment as an independent citizens’ body determination that sufficient evidence exists to proceed.
  • XREF: Ties directly to the Fifth Amendment and the incorporation/selective incorporation debate over grand jury rights. — connects to: Grand juries indict by plurality vote on a probable cause standard — G. Alan Tarr, Judicial Process and Judicial…, 1711; Invoking the Fifth Amendment at HUAC hearings could itself trigger contempt indictments.; Felony prosecutions require probable cause review by an official outside law enforcement — G. Alan Tarr, Judicial Process and Judicial…, 1700 (+3 more)

Broader Connections