When our forefathers crossed the Atlantic Ocean to build a new home, free from the shackles of a royal monarchy, they brought with them the concept of the grand jury as an institution to protect the citizen from unjust prosecution. To insurer its use for this purpose, the grand jury was expressly provided for in the Fifth Amendment to the Constitution of the United States. Although the language of this amendment would seem to indicate that a grand jury is required in all cases, a grand jury can be waived in federal court and most other states, including Texas. The Supreme Court of the United States has hailed that the Due Process Clause of the Fourteenth Amendment to the Constitution does not require the states to use a grand jury. The Due Process Clause does require the states to inform an accused of the nature and cause of the accusation against him.
Some states have constitutional or statutory provisions which provide for a grand jury indictment.
Most states, however, allow the defendant to waive this right. This procedure involves the filing of an information by the prosecuting attorney or one of his assistants which is been approved by the court. In some states, grand jury action is reserved for capital crimes or special investigations. These important powers carry equally grave responsibilities to see that such powers are not abused. Unless motivated by the highest sense of justice, a grand jury might return indictments not warranted by the evidence and thus become a source of oppression to innocent citizens.