Which amendment requires an indictment for a capital offense?

Prepare for the SCCJA Cumulative Exam with comprehensive questions, hints, and explanations to ace your exam! Enhance your readiness!

The requirement for an indictment in cases of capital offenses is established by the Fifth Amendment to the United States Constitution. This amendment protects individuals from being held for a capital crime without a formal charge or indictment from a grand jury. Specifically, it states that no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury. This provision ensures that a person's rights to due process are upheld and that serious charges must be substantiated by a group of impartial citizens before prosecution can proceed.

Other choices refer to different aspects of legal rights and protections. For instance, the Third Amendment deals with the quartering of soldiers, while the Seventh Amendment pertains to the right to a jury trial in civil cases. The Eighth Amendment addresses protections against excessive bail, excessive fines, and cruel and unusual punishments. Thus, while they are all part of the Bill of Rights, only the Fifth Amendment specifically mandates the requirement of an indictment for capital offenses.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy