Do you agree with the Fifth Amendment’s Grand Jury requirement? Explain why or why not.
2. Do you believe that probable cause is an adequate standard to indict a person? Or should a
higher standard apply? Explain.
3. Why is it that persons being investigated by a grand jury are not offered the same constitutional
protections as when they are formally charged? For example, the right to an attorney, or to cross
examine witnesses. (For further reading on this topic see https://www.nolo.com/legal-
encyclopedia/testifying-before-a-grand-jury.html)
Do you agree with the current state of the law or not? Explain. Should we have an adversarial grand
jury system? Explain why yes or no?
https://www.law.cornell.edu/rules/frcrmp/rule_6
https://www.caselaw.findlaw.com/us-supreme-court/498/292.html
discussing the Fifth Amendment’s Grand Jury requirement, the adequacy of probable cause as a standard for indictment, the lack of constitutional protections for individuals being investigated by a grand jury, and whether an adversarial grand jury system should be
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