Amendment 5 · Ratified December 15, 1791
A detailed overview of the Grand Jury provisions under the 5th Amendment, including historical context and key landmark cases.
Source: U.S. Const. amend. 5
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
The 5th Amendment requires that serious criminal charges be brought before a Grand Jury, ensuring that there is sufficient evidence for prosecution. It protects individuals from being tried for the same crime twice and from self-incrimination.
The Grand Jury system has its roots in English common law and was included in the Bill of Rights to protect individuals from arbitrary charges by the government. Historically, Grand Juries have served as a buffer between the citizen and the state, ensuring that there’s a plausible basis for criminal charges.
This test assesses whether the prosecution has obtained an indictment from a Grand Jury for serious offenses.
Holding: The Supreme Court held that the 5th Amendment's Grand Jury requirement does not apply to state courts.
Significance: This case established that states can adopt different procedures while still complying with due process.
Holding: The Supreme Court ruled that a prosecutor has broad discretion in the presentation of evidence to a Grand Jury.
Significance: This case reinforced the independence of the Grand Jury and the secrecy of their proceedings.