The Founding Fathers wanted there to be a way for the people to hold their elected officials accountable. The original plan was to have a grand jury consisting of local individuals who would convene from time to time to review the performance of elected officials who possibly violated the law. They had the power to recommend the official be indicted.
This system was independent of the Judicial Branch of the government. In fact the District Attorneys were not permitted to participate in the hearings. If the Grand Jury felt there was sufficient evidence to convict a public official of misconduct or crimes, it was the job of the Sheriff to arrest that individual.
In 1946 with the implementation of the Administrative Procedures Act, the County District Attorneys were put in control of the Grand Jury in each of the Counties. From that time on, the Grand Juries were no longer propert to the people, so they started to focus their attention on prosecuting private citizens rather than elected officials. This is upside down from reality and original intent.
Replies