Alabama Constitution Section 8 - Proceeding against person by information; grand jury not required in misdemeanor cases.
Alabama Constitution – Section 8
Title: Proceeding Against Person by Information; Grand Jury Not Required in Misdemeanor Cases
Text of Section 8:
"No person shall for any indictable offense be proceeded against criminally by information, except in cases arising in the militia when in actual service, and the land and naval forces in time of war, or which the legislature may by law provide for the prosecution of misdemeanors, without the intervention of a grand jury."
Explanation:
Section 8 of the Alabama Constitution addresses the method of criminal prosecution and when a grand jury is required.
🔹 Key Points:
Felony or Indictable Offense:
For serious crimes (those that are "indictable"), a person cannot be prosecuted without a grand jury indictment, except in specific exceptions mentioned.
Exceptions:
Military cases: If the offense arises in the militia or armed forces, especially during war or actual service, grand jury intervention is not required.
Misdemeanors: The legislature may pass laws allowing prosecution of misdemeanor cases (less serious offenses) by information—which means prosecution based on a sworn statement by a prosecutor, without needing a grand jury.
✅ In Summary:
Grand jury is required for felonies, unless it's a military or wartime case.
For misdemeanors, the legislature can permit prosecution by information, so no grand jury is needed in such cases.
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