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The value of the grand jury system has been intensely debated for more than a century.' While its champions consider it a shield against state oppression and an essential element in our constitutional system,2 it has been attacked as archaic, inordinately cumbersome and expensive, and a tool of prosecutorial oppression.3 Whatever the relative merits of these arguments, the grand jury remains an important part of our criminal justice system.4 In the federal system and in more than half of the states, no person may be charged with commission of a felony except by indictment returned by a legally constituted grand jury.5 In most other states, the prosecutor has discretion either to seek a grand jury indictment or to commence a felony prosecution directly by filing an information.6 In the latter jurisdictions, although the number of prosecutions initiated by indictment is small,7 prosecutors often call

Grand Jury Proceedings: The Prosecutor, the Trial Judge, and Undue Influence