The 5th amendment also applies, I believe, in grand jury proceedings, certainly in the federal court system. However, a person has a 5th amendment right to a grand jury for felony charges only in the Federal Court system, not in the State systems.
I'm not positive, I haven't thought much about it, but had Zimmerman been indicted by a Grand Jury, I don't think the prosecution could have brought an additional charge at the last minute, because the Court has held that only under very limiting circumstances can the prosecution change the indictment of a grand jury.
That is one way Zimmerman got screwed by Attorney Corey. She charged him with just a hearing, and did not use a grand jury, and Zimmerman, unfortunately for him, did not have a 5th amendment right to a grand jury in the state system. (Just one of many ways our criminal justice system is screwed up.) Had she used a grand jury, the grand jury probably would have decided that there was not enough evidence to charge him with second degree murder, and possibly not even enough evidence to charge him at all. (I suppose that's why she didn't allow him a grand jury.)
I'm not positive, I haven't thought much about it, but had Zimmerman been indicted by a Grand Jury, I don't think the prosecution could have brought an additional charge at the last minute, because the Court has held that only under very limiting circumstances can the prosecution change the indictment of a grand jury.
That is one way Zimmerman got screwed by Attorney Corey. She charged him with just a hearing, and did not use a grand jury, and Zimmerman, unfortunately for him, did not have a 5th amendment right to a grand jury in the state system. (Just one of many ways our criminal justice system is screwed up.) Had she used a grand jury, the grand jury probably would have decided that there was not enough evidence to charge him with second degree murder, and possibly not even enough evidence to charge him at all. (I suppose that's why she didn't allow him a grand jury.)