Also known as: presentments or indictments · grand jury charge
Written by attorneys · grounded in primary & secondary sources — see below
A formal accusation issued by a grand jury that authorizes prosecution for a capital or otherwise infamous crime in federal court.
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Pablo Perez faces federal charges for an elaborate scheme that allegedly defrauded Pacific Bank of millions. Prosecutors must first obtain a grand jury's presentment or indictment before he can be held to answer for the serious offense. Without that formal accusation, the case cannot proceed to trial in federal court.
Phoebe Park, a journalist, receives a grand jury subpoena tied to a federal investigation. The grand jury's presentment or indictment power underpins the proceeding, and her refusal to testify leads to contempt proceedings that test the scope of that authority.
Pamela Phillips is tried for murder in state court on an information rather than a grand jury presentment or indictment. The state proceeds without the federal constitutional requirement, and the conviction stands because the grand jury clause does not bind the states.
Pavel Petrov is charged with capital murder in federal court. The government secures a grand jury presentment or indictment before seeking the death penalty, satisfying the constitutional prerequisite for holding him to answer for an infamous crime.
Priya Prasad is convicted after a federal grand jury returns a presentment or indictment that omits a sentencing enhancement. The court refuses to apply the enhancement because the grand jury process did not encompass that element.
Pearl Porter challenges a taking of her property by Pinnacle Holdings under state procedures. The dispute centers on due process rather than any grand jury presentment or indictment, which applies only to criminal prosecutions for infamous crimes.
No. The Fifth Amendment grand jury clause binds only the federal government. States may prosecute serious crimes by information instead of presentment or indictment.
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The clause ensures that only a grand jury can initiate federal prosecution for the most serious offenses, reflecting its historical role as a buffer against unfounded charges.
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The Fifth Amendment expressly contemplates the death penalty by requiring a presentment or indictment before a person can be held to answer for a capital crime.
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…I The Fifth Amendment provides: "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…