Fifth Amendment Indictment of Grand Jury
Fifth Amendment Indictment of Grand Jury The grand jury originated in England, under the rule of King John. The king selected the grand jury to be a body of his reign that would accuse no innocent person, and would shelter no guilty person. The Fifth Amendment of the United States protects people from self-incrimination by forcing the prosecution to obtain an indictment (complaint) from a grand jury before the case can be presented in trial before a court. Today, grand juries are virtually inexistent with the exception of the United States, which in some cases, still utilizes a grand jury. The Fifth Amendment clause on grand juries does not protect individuals serving in the military because they are considered to be United States property. By federal law, misdemeanors do not require an indictment to be obtained for a trial. Federal law only requires an indictment for felony cases to be presented before a court. One of the reasons that grand juries are almost inexistent today is that it is so heavily criticized by so many because the defendant is not represented today in the process. In many cases, the defendant can be easily persuaded by the prosecutor to disclose information that can be very useful, and is likely to be used during the final trial. Because the defendant is not represented, rarely will a grand jury decide against the wishes of the prosecution. Disbarred former Chief Judge of New York, Judge Sol Watchler, was once quoted as saying that it is so easy for the prosecutor to persuade the grand jury to “indict a ham sandwich.” Grand juries are selected by the local prosecutor, and in many occasions jurors have served several times before, and have a proven record to indict. No states have a regulation that will limit the number of grand juries that the prosecutor can assemble before finally getting the indictment he or she wants. Unfortunately, if an indictment is not acquired the first time, the prosecutor can form as many juries as
References: (Cont.) http://faculty.ncwc.edu/toconnor/Miranda.htmu. Retrieved from yahoo.com on August 18, 2007. http://www.usconstitution.net/consttop_duep.html. Retrieved from yahoo.com on August 18, 2007. http://www.caselaw.lp.findlaw.com/data/constitution/amendment.html. Retrieved from yahoo.com on August 22, 2007.