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When an Indictment is Required. The Fifth Amendment to the United States Constitution provides that prosecutions for a capital, or otherwise infamous crime must be instituted by a presentment or indictment of a Grand Jury.. See Ex Parte Wilson, 114 U.S. 417, 427 (1885); United States v. Wellington, 754 F.2d 1457, 1462 (9th Cir.), cert.
An indictment is followed by the accused party being charged with a crime. Evidence suggests that grand jury proceedings tend to almost always follow the recommendations of the prosecutors. A jury is a group of citizens who are tasked with determining whether an accused party is guilty or not guilty.