For an offense punishable by death, how should prosecution be instituted?

In the case of an offense that is punishable by death, prosecution must be instituted through an indictment by a grand jury. This requirement reflects the serious nature of capital offenses and the legal safeguards that are in place to ensure that such cases receive thorough scrutiny before proceeding to trial.

The grand jury process is designed to assess whether there is enough evidence to formally charge a defendant with a serious crime, including those that carry the possibility of the death penalty. This additional layer of review is a constitutional protection aimed at preventing hastily brought charges against individuals facing potentially life-altering consequences.

While other methods of prosecution exist, such as a bill of information or an affidavit from a police officer, these are not applicable for death penalty cases, highlighting the significance of the grand jury's role in maintaining the integrity of the judicial process in capital offenses.