{"id":30910,"date":"2016-04-04T20:33:52","date_gmt":"2016-04-05T01:33:52","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/constitution\/amendment5\/annotation01.html"},"modified":"2024-08-07T15:42:21","modified_gmt":"2024-08-07T20:42:21","slug":"annotation01","status":"publish","type":"constitution","link":"https:\/\/constitution.findlaw.com\/amendment5\/annotation01.html","title":{"rendered":"Fifth Amendment Indictment By Grand Jury"},"content":{"rendered":"\n
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Fifth Amendment Indictment By Grand Jury<\/h1>\n
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\n By Linda Sanabria, J.D.<\/a> | Legally reviewed by Edward Maggio, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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A grand jury is a legal body empowered to conduct official proceedings. These proceedings investigate potential criminal conduct and determine criminal charges. <\/p>\n\n <\/div>\n\n

The concept of the grand jury dates back to 12th century England, serving as a buffer between the monarchy and its subjects. It was initially intended to limit the king’s power by ensuring that accusations were warranted. The grand jury evolved into a critical element of the justice system in English common law.<\/p>\r\n

The primary function of the grand jury is to decide whether there is sufficient evidence to indict an individual and proceed to trial. This differs from trial juries, which determine guilt or innocence.<\/p>\r\n

Grand juries assess whether probable cause exists to charge someone with a crime. They review the evidence presented by the prosecution without the defense present.<\/p>\r\n

The Fifth Amendment<\/a> to the United States Constitution<\/a> includes the Grand Jury Clause. It states:<\/p>\r\n

"No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury…"<\/i><\/p>\r\n

This clause ensures that serious federal charges cannot be brought without the approval of a grand jury, providing a preliminary check on prosecutorial power.<\/p>\r\n

The grand jury requirement is mandated for federal cases. However, it is not uniformly applied to state courts. In Hurtado v. California<\/i><\/a> (1884), the Supreme Court ruled that the grand jury clause of the Fifth Amendment does not bind states. States may use other methods, such as preliminary hearings, to determine whether sufficient evidence exists to charge an individual.<\/p>\r\n

Rights Protected Under the Fifth Amendment<\/b><\/h2>\r\n

The Fifth Amendment encompasses several fundamental rights:<\/p>\r\n