Which types of crimes require a grand jury indictment under the Fifth Amendment?

Under the Fifth Amendment to the U.S. Constitution, a grand jury indictment is required for any "capital or otherwise infamous crime" prosecuted by the federal government.123

The determination of whether a crime is "infamous" depends on the potential punishment rather than the specific nature of the offense. In practice, this includes:1

• Capital crimes: Offenses punishable by death.12
• Felonies: Any federal crime punishable by imprisonment in a state penitentiary or by imprisonment for more than one year.12

This requirement serves as a procedural safeguard to ensure there is probable cause before the government proceeds to trial. It is important to note that this protection applies specifically to federal prosecutions and does not extend to state-level criminal proceedings. Additionally, individuals may waive their right to a grand jury indictment for serious, non-capital crimes. Exceptions to this rule exist for cases arising within the land or naval forces, or in the militia, during times of war or public danger.23