According to the US and TX Constitution, can a person be held for a felony without a grand jury indictment?

Prepare for the Dallas Police Exam 3. Use flashcards and multiple-choice questions to study, each question includes hints and detailed explanations. Equip yourself for success!

In the context of both the U.S. Constitution and the Texas Constitution, the requirement for a grand jury indictment in felony cases is clearly established. The Fifth Amendment of the U.S. Constitution stipulates that no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury. Similarly, the Texas Constitution follows this principle closely, mandating that a person cannot be put on trial for a felony unless they have been indicted by a grand jury.

This requirement serves to protect individuals from being charged with serious crimes without a preliminary assessment of the evidence by a group of citizens, ensuring a level of due process. The grand jury's role is to evaluate whether enough evidence exists to formally accuse someone, thus safeguarding against unfounded charges.

While there may be exceptions in certain legal scenarios, such as for misdemeanors or in instances where immediate action is necessary in the case of certain offenses, for felonies specifically, a grand jury indictment is a constitutional necessity. Therefore, one cannot be held for a felony without this formal indictment process, which validates the assertion that it is always required.

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