INTRODUCTION The Fifth Amendment...

INTRODUCTION

The Fifth Amendment provides that an individual cannot be held to answer a heinous crime offense unless the grand jury has presented indictment or presentment on the charges. (1) The allure of this amendment is that it "presuppose an investigative visible form [i]or[/i] frame `acting independently of either prosecuting attorney or judge' whose mission is to clear the innocent, no les than to bring to trial those who may be guilty." (2) It is intended as a "bulwark" against an overly aggressive regulation and its monopolization of force. (3)

However, these fundamental principles were not followed by way of the Supreme Court in United States