Constitutional Basis for a grand jury indictment

Under the 5th Amendment of the U.S. Constitution, a citizen accused of a “capital, or otherwise infamous crime” has the right for that case to be brought before a grand jury. 

 

What is the grand jury? 

• The grand jury in simplest terms is a group of community members (voters) who are randomly selected and get together to determine whether there is probable cause that a crime has been committed. 

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Who is at the grand jury?

• Grand juries consist of the prosecutor, any witnesses, a court reporter, and the community members known as jurors. 

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What is the purpose of the grand jury?

• The grand jury is used to give the court probable cause to believe a crime was committed. 

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What is an indictment? 

• When a grand jury returns an indictment, they are simply stating that there is probable cause that a crime has been committed. An indictment is a formal charge of a crime. 

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Can I waive indictment? 

• Yes, the right to be indicted in a felony case is waivable, except for felonies punishable by death or life imprisonment. 

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How can I beat an indictment? 

• An indictment must be sufficient. This simply means that the indictment must contain the elements of the offense "so as to sufficiently appraise defendant of what he must be prepared to meet" and whether the charges are "sufficient to protect against a second prosecution under the Double Jeopardy Clause." 

  • The indictment must be in ordinary and concise language and made in words of the applicable section of the statute.

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