Which amendment requires that a person be tried on felony charges only after a grand jury finds that the prosecution has presented sufficient evidence?

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

Answer: (B)

The requirement comes from the Fifth Amendment’s Grand Jury Clause. It creates a screening step for serious charges by mandating that, for capital or infamous crimes, prosecutors obtain an indictment or presentment from a grand jury before a person can be tried. The grand jury’s job is to determine whether there is enough evidence to establish probable cause that the person committed the offense, not to decide guilt. If there is an indictment, the case moves to trial, where other rights apply (such as those in the Sixth Amendment). The other amendments cover different protections, but the specific protection against proceeding to felony trial without a grand jury finding probable cause comes from the Fifth Amendment.