Question

Can the governement avoid the Grand Jury right guaranteed under the 5th Amenedment? Please research and then comment upon the decision and how it was reached in Hurtado v. California, 110 U.S. 516 (1884).

Answer 1

In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination.The first section addresses the fact that, except as it involves some military, a person should not be held to defend themselves against an accusation of a crime unless and until a grand jury issues a presentment-indictment.The second section deals with double jeopardy. While it can get legally technical, once someone has been charged with a crime, they cannot be charged with that crime again if jeopardy had attached the first time the crime was charged.This is the best known provision, often referred to as “taking the fifth”. One cannot be compelled to testify against themselves. If someone believes that by testifying they would be exposing themselves to guilt for some criminal act, they can refuse to answer on the grounds that to do so would be incriminating. This provision guarantees that everyone is entitled to due process of law before being deprived of life, liberty or property.The end of the amendment guarantees the public that the government cannot seize property for public use without paying the owner(s) fair compensation. Hurtado v. California, 110 U.S. 516 (1884),was a landmark case that was decided by the United States Supreme Court which allowed state governments (as distinguished from the federal government) to avoid using grand juries in criminal prosecutions.The Supreme Court ruled 7-1 that Hurtado's due process right was not violated by denial of a grand jury hearing and that the 14th Amendment was not intended to work retroactively to apply the 5th Amendment to state criminal trials.