The purpose of this article is to demonstrate the difference in the administration of criminal law in federal court as compared with the state law for the benefit of practitioners in both courts.
The Supreme Court has said in Wood v. Georgia1 that the grand jury acts as a buffer between the prosecution and potential criminal defendants, protecting the innocent from unfounded accusations. Nonetheless, there is no vehicle under federal law to test this, while on the other hand, a motion exists in the state law to ensure grand jury protection to a citizen against a charge based on insufficient, incompetent or suppressed evidence, or inadequate grand jury instructions by the prosecutor.
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