Louisiana Private Investigator Licensing Practice Exam

A prosecution for an offense punishable by death or life imprisonment shall be instituted by what means?

1. Grand jury summons

2. Indictment by grand jury

3. Judicial order

4. Plea agreement

The correct answer is: Indictment by grand jury

The correct response is that a prosecution for an offense punishable by death or life imprisonment shall be instituted by indictment by a grand jury. This process is crucial because it serves as a safeguard against unfounded criminal charges and ensures that there is sufficient evidence to formally accuse someone of a serious crime. In the context of serious offenses, the indictment process involves a group of citizens (the grand jury) considering the evidence presented by the prosecution. If they find enough probable cause, they return a true bill of indictment, allowing the prosecution to proceed with formal charges. Other methods listed, such as a grand jury summons or a judicial order, do not serve the same purpose in initiating prosecutions for such severe offenses. A plea agreement is relevant in discussions of guilt or sentencing after a charge has been made, but it does not initiate prosecution. Thus, the requirement for an indictment by a grand jury is a critical legal step in ensuring that prosecutions for the most serious offenses are conducted fairly and with due process.