chapter  6
24 Pages

Fifth Amendment Issues

As noted in Chapter 2, the due process clause of the Fih Amendment applies to the federal government and not to state criminal trials. For discussion on the due process clauses, review Chapter 2. e protections aorded an accused in criminal proceedings by the Fih Amendment include the following rights, which are discussed in this chapter:

• e right to an indictment by a grand jury before being tried on a capital or otherwise infamous crime

• Double jeopardy • Right against self-incrimination

e right to a grand jury indictment prior to being tried on a capital or other infamous crime does not apply to the states. Criminal prosecutions by information rather than by grand jury indictment aord due process of law (Eyman v. Alford, 1969). As one court

noted: “States are free to prosecute crimes on information, since the indictment clause of Constitution is not applicable to states” (Buchannon v. Wainwright, 1973, p. 1008). See Appendix C for a copy of an indictment that was issued by a federal grand jury in Virginia.