What is the Fifth Amendment right of a defendant to plead not guilty before a grand jury?
MultiRegion, United States of America
The following excerpt is from U.S. v. Asrar, 67 F.3d 309 (9th Cir. 1995):
Under the Fifth Amendment, a defendant has a right to be tried only on the grand jury's indictment. United States v. Olson, 925 F.2d 1170, 1175 (9th Cir.1991). This right serves the "notice-related functions of protecting against unfair surprise, enabling the defendant to prepare for trial and permitting the defendant to plead the indictment as a bar to later prosecutions." Id.
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