The requirement for grand jury indictment for capital cases is part of which amendment?

• A. The First Amendment
• B. The Fourth Amendment
• C. The Fifth Amendment
• D. The Sixth Amendment

Answer: (C)

The grand jury requirement for charging capital crimes comes from the Fifth Amendment. Its Grand Jury Clause says that no person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a Grand Jury. This creates a check on prosecutorial power by having a group of citizens review the evidence before serious charges can go to trial. While it originally applied to the federal level, later principles in constitutional law have extended protections to the states through incorporation.

The other amendments cover different protections: the First Amendment protects freedoms like speech and religion, the Fourth guards against unreasonable searches and seizures, and the Sixth secures rights during and after a formal accusation (such as counsel and a speedy trial). The question points specifically to the grand jury safeguard, which is anchored in the Fifth Amendment.