In a grand jury proceeding, the prosecutor presents evidence against the suspect. Grand juries are, however, a requirement for federal felonies. The Supreme Court has not ruled that this requirement applies to the states therefore, only about half use the grand jury system. This is known as “pleading the Fifth.” What Is a Grand Jury?Ī grand jury is a group of individuals who determine whether enough evidence exists to charge a suspect. #Due process amendments trialWitnesses, either at the trial level or in grand jury proceedings, also may refuse to speak for fear that they might incriminate themselves. They can, however, testify if they desire. If a suspect invokes their rights, the police must immediately stop all questioning.Īt the trial level, the right against compelled self-incrimination means that defendants may not be forced to testify. by physically remaining silent and refusing to answer questions, or.Suspects may invoke their right to remain silent in one of two ways: When suspects are given Miranda warnings, they can either waive their rights by answering questions or invoke their rights under the 5th amendment. “Interrogation” means any statement by the police that is likely to elicit an incriminating statement.If the answer is no, then the suspect was “in custody.” #Due process amendments freeCourts apply an objective standard, asking whether an average person under the circumstances would feel free to leave.
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