The Constitution’s first 10 Amendments (the Bill of Rights) list a number of criminal procedure guarantees. Among these is a right to be criminally accused by a grand jury. Specifically, the Fifth Amendment begins with an affirmation that “[n]o person” can be charged with any “infamous” crime unless by “presentment or indictment of a Grand Jury.” Yet today, over half the states make the use of a grand jury optional, and states such as Connecticut and Pennsylvania have abolished their use altogether.
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