What does the Fifth Amendment require before a trial for a capital or infamous crime?

The Fifth Amendment of the United States Constitution specifically requires that no person shall be held to answer for a capital or infamous crime unless they are indicted by a grand jury. This provision is designed to ensure that there is a formal charge brought against a defendant, providing a level of protection against arbitrary prosecution. The grand jury serves as a check on the government's power, requiring enough evidence to believe that a crime has occurred before formal charges can be made, thus upholding the principle of due process.

In this context, the requirement for a presentment or indictment by a grand jury is essential for addressing serious charges and ensuring that individuals have certain legal protections before facing trial. This contributes to the fairness of the judicial process by preventing unjust trials based solely on unsubstantiated claims.