Which amendment provides indictment by grand jury?

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

Answer: (C)

The protection that requires indictment by a grand jury comes from the Fifth Amendment. It forbids being charged with a capital or infamous crime unless there is a presentment or indictment by a grand jury. This serves as a built‑in check on the prosecutor’s power, ensuring there’s a group review of the evidence before formal charges proceed. Although it primarily governs federal prosecutions, the principle has been incorporated to apply to the states through the Fourteenth Amendment in most cases, with some variations in state practice. The other amendments cover different rights—such as protection against unreasonable searches (Fourth), trial rights (Sixth), or unenumerated rights (Ninth)—but they do not establish the grand jury indictment requirement.