† Americans didn't invent them, but they did keep them after everybody else went "Wait, this is a terrible idea" and abolished the Grand Jury.
† Americans didn't invent them, but they did keep them after everybody else went "Wait, this is a terrible idea" and abolished the Grand Jury.
• High public interest in the case;
• The fact that a preliminary hearing would take more time than a grand jury hearing;
• The necessity for calling children or timid witnesses who would be subject to cross‑examination at a preliminary hearing;
• The ability to test a witness before a jury;
• Where the secrecy of the grand jury may allow defendants to be charged and taken into custody before they can pose potential danger to a witness' safety or flee from the jurisdiction;
• Where the identity of undercover agents needs to be protected;
• The existence of a weak or doubtful case which the district attorney wishes to test;
• The opportunity to involve the community in case screening; and
• Whether the case involves malfeasance in office.
https://www.pooleshaffery.com/news/2014/december/a-crash-cou...
I wonder how other common law systems handle this (not a lawyer, am genuinely asking).
The jury that hears the evidence in a trial is referred to as the petit jury (small jury). It is convened for a single case.
The grand jury is a standing body (also supposed to be drawn from the populace, and with definite tenure) which hears preliminary evidence and in theory decides whether there is enough of a case that an actual trial would be warranted. It can issue subpoenas (as in this situation).
The rest of the US system is weird. At the federal level the people who judge the cases are a whole branch who do pretty much nothing but that. The actual bringing of the cases is the responsibility of the executive. Oh, various departments of the executive have their own "courts" too that rule with no juries. There is no constitutional reason why this whole apparatus could not be part of the judicial branch but I've not seen any interest in that happening. Actually the executive's courts are pretty clearly not constitutional but they have survived enough challenges that they are simply the way they are.
At the state level the same system is roughly followed but in most, or perhaps all states, the attorneys general (who oversee all prosecutions) and Supreme Court judges are elected. Sheriffs too, which in some states are important police, and even some chiefs of police. You might think that this direct election would reduce the chance of corruption but of course it seems to run the opposite way. The longstanding American distaste for competence is the strongest force against a trained, standing set of people to do things.
They are Constitutional, they just perform Article II executive functions and are established under Article I powers of Congress; despite being called “courts”, they do not exercise any part of the Constitutional judicial power. (Hence, why they are described as “Article I courts” as opposed to the “Article III courts”.)