Final answer:
An indictment for perjury on an affidavit requires proof that the accused intentionally made false statements under oath, with those statements being material to the legal proceedings. The Fifth Amendment mandates that a grand jury must issue an indictment for serious crimes such as perjury unless a recognized exception applies.
Step-by-step explanation:
To secure an indictment for perjury on an affidavit, several legal requirements must be met. Perjury involves making false statements under oath, and so the affidavit in question must contain information that is not only false but that the individual knew was false at the time of swearing. To proceed with an indictment, these elements typically must be presented before a grand jury, which will determine if there is enough evidence to indict the accused for the crime of perjury. This is to ensure adherence to the Fifth Amendment, which states that serious crimes such as felonies require an indictment by a grand jury unless an exception applies, such as in military courts or under state processes that have been deemed equally fair.
Specifically, the prosecutor must demonstrate that the accused intentionally falsified material facts in the affidavit, which had the potential to affect the outcome of the proceeding in which it was presented. False statements that are inconsequential to the judicial process do not constitute perjury. Additionally, the indictment process for perjury must follow the constitutional protections afforded in the Sixth Amendment including the right to a speedy and public trial, an impartial jury, and the assistance of legal counsel for defense.