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
- Grand juries indict by plurality vote on a probable cause standard
#expands(1.00) — G. Alan Tarr, Judicial Process and Judicial…, 1711 - Invoking the Fifth Amendment at HUAC hearings could itself trigger contempt indictments.
#complicates(0.90) - Felony prosecutions require probable cause review by an official outside law enforcement
#contradicts(0.90) — G. Alan Tarr, Judicial Process and Judicial…, 1700 - Gideon requires states to provide lawyers to indigent felony defendants
#complicates(0.80) — Lawrence M. Friedman and Grant M. Hayden, American Law, 906 - State nullification laws threatened federal agents with felony charges
#complicates(0.80) - The Fifth Amendment’s property clause underpinned the Supreme Court’s Dred Scott decision upholding slavery
#complicates(0.70) — Nikole Hannah-Jones et al., The 1619 Project, 549