Which amendment requires that capital or infamous crimes be charged by a grand jury before a person can be tried?

• A. Fourth Amendment
• B. Fifth Amendment
• C. Sixth Amendment
• D. Eighth Amendment

Answer: (B)

The idea being tested is the protection that requires a grand jury to indict someone for serious crimes before they can be tried. This safeguard comes from the Fifth Amendment, which says that for capital or otherwise infamous offenses, charges must come from a grand jury’s indictment. A grand jury is a group of citizens that reviews evidence presented by a prosecutor to determine whether there is enough probable cause to bring formal charges. This step acts as a check on prosecutorial power, helping prevent people from being charged and forced to stand trial without sufficient cause.

The other amendments address different protections: the Fourth Amendment covers search and seizure, the Sixth guarantees rights during the trial such as counsel and a speedy, public trial, and the Eighth prohibits excessive bail and cruel or unusual punishment. So this specific requirement for grand jury indictments for serious crimes is a feature of the Fifth Amendment.