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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.
In such an instance, a grand jury is used to ensure that there is enough evidence for the police to proceed. A grand jury is a group of individuals who determine whether there is warranted reason to charge a person for a crime. If the grand jury decides that there is sufficient evidence that the person committed a crime, the grand jury will issue an indictment.