Also known as: held to answer · holding to answer · holds to answer · bind over
Written by attorneys · grounded in primary & secondary sources — see below
A requirement to defend against criminal charges in court. Under the Fifth Amendment no person may be held to answer for a capital or otherwise infamous crime except upon presentment or indictment of a grand jury.
Federal prosecutors investigate Harriet Hamilton for embezzling public funds over several years. They seek to file an information directly in district court without presenting evidence to a grand jury. The court dismisses the information because Hamilton cannot be held to answer for the felony absent a grand jury indictment under the Fifth Amendment.
Federal prosecutors charge Hector Hernandez with a felony drug offense by information alone. Hernandez moves to dismiss because no grand jury has acted. The court grants the motion, holding that Hernandez may not be held to answer for an infamous crime without an indictment.
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Federal prosecutors seek to try Helena Hoffman for a capital offense on a prosecutor's information. The court dismisses the case, ruling that Hoffman cannot be held to answer for a capital crime absent a grand jury indictment under the Fifth Amendment.
Hope Howard is charged by federal indictment with first-degree murder. After a mistrial the government re-indicts on the same facts. Howard objects that retrial would again hold her to answer without fresh grand jury action. The court rejects the claim because the original indictment satisfies the Fifth Amendment.
Holly Hayes, the civilian wife of a servicemember, is charged with murder by court-martial while living on a U.S. base overseas. She objects that only a grand jury may authorize such a prosecution. The Court holds that the Fifth Amendment grand jury requirement applies and she cannot be held to answer in military court.
Henry Hoffman is charged by federal indictment with illegal reentry. The government seeks an enhanced sentence based on prior convictions. The court permits the enhancement because the prior convictions need not be charged in the indictment before the defendant is held to answer.
The Fifth Amendment grand jury clause has not been incorporated against the states. A person may therefore be held to answer for a serious state crime on an information or other charging document without a grand jury indictment.
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The protection applies to capital crimes and other infamous crimes, which include felonies punishable by imprisonment for more than one year. Misdemeanors and petty offenses do not require grand jury action before a defendant may be held to answer.
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The Fifth Amendment expressly excepts cases arising in the land or naval forces or in the militia when in actual service in time of war or public danger. A servicemember may therefore be held to answer by court-martial without a grand jury indictment.
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…existence of the capital sanction by imposing certain limits on the prosecution of capital cases: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury . . . ; nor shall any person be subject for the same offense to be twice put in jeopardy of…