The U.S. Constitution requires an indictment to be issued by which body?

The U.S. Constitution requires an indictment to be issued by which body?

• A. Grand Jury
• B. Trial Jury
• C. Prosecutor
• D. Judge

Answer: (A)

Indictments in federal criminal cases come from a grand jury. The Fifth Amendment requires that for capital or infamous crimes, charges be brought only on a presentment or indictment by a grand jury. The grand jury serves as a screening body, reviewing evidence presented by the prosecutor to decide whether there is probable cause to charge someone and proceed to trial. It does not determine guilt; that happens later before a trial jury. A trial jury decides guilt or innocence, a prosecutor can file charges but does not issue an indictment on their own, and a judge oversees the proceedings rather than issuing indictments.

Indictments in federal criminal cases come from a grand jury. The Fifth Amendment requires that for capital or infamous crimes, charges be brought only on a presentment or indictment by a grand jury. The grand jury serves as a screening body, reviewing evidence presented by the prosecutor to decide whether there is probable cause to charge someone and proceed to trial. It does not determine guilt; that happens later before a trial jury. A trial jury decides guilt or innocence, a prosecutor can file charges but does not issue an indictment on their own, and a judge oversees the proceedings rather than issuing indictments.