MBE Rules · Criminal Procedure
Grand jury — rights and limits
5A / Costello / Williams
The rule
In federal prosecutions, the Fifth Amendment requires indictment by grand jury for capital or infamous crimes; this right is not incorporated against the states. A grand jury witness has no right to counsel in the grand jury room, no Miranda warnings, and no right to confront witnesses. Indictments may rest on hearsay or illegally obtained evidence (Costello); prosecutors have no duty to present exculpatory evidence (Williams).
In plain English
The grand jury is a one-sided screening body. Almost every trial-like protection is unavailable.
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