According to the 5th Amendment, what must occur for capital or infamous crimes?

The 5th Amendment to the United States Constitution establishes several important legal protections, particularly concerning criminal proceedings. One key aspect relevant to capital or infamous crimes is that a grand jury must be convened. This means that for serious offenses, known as felonies, the government must present evidence to a grand jury, which is a group of citizens tasked with determining whether there is sufficient evidence to formally charge someone with a crime.

The role of the grand jury is critical because it serves as a safeguard against unfounded criminal charges. The requirement for a grand jury ensures that there is a collective decision from citizens on whether there is enough justification to proceed with a trial. This process upholds the principle of due process and adds a layer of protection for individuals accused of serious crimes.

The other choices do not align with the requirements established by the 5th Amendment. For instance, the presence of a public defender, the defendant’s obligation to testify, or the requirement for public debate do not reflect the constitutional mandate associated with the initiation of capital or infamous crime charges. Instead, the grand jury system stands out as a constitutional safeguard for ensuring that serious charges have a substantial basis before legal proceedings commence.