Timeline for Did Zoey Tur assault Ben Shapiro?
Current License: CC BY-SA 3.0
12 events
| when toggle format | what | by | license | comment | |
|---|---|---|---|---|---|
| Aug 8, 2021 at 7:50 | comment | added | jimsug | Aha, that is... important. Hopefully people reading the comments to find that also read yours? :D | |
| Aug 2, 2021 at 20:53 | comment | added | ohwilleke | @jimsug "the SCOTUS has found private prosecution unconstitutional, and although this applies only to Federal cases" Not true. SCOTUS has found that federal law doesn't authorize private prosecution, not that it is unconstitutional. CA doesn't have it, but a few states do and it is constitutional. | |
| Aug 2, 2021 at 20:47 | comment | added | ohwilleke | "The California public prosecutor is required to institute proceedings where they suspect such offenses have been committed." What is your authority for this? I'm not away of any privately enforceable way to assert this right in CA and I think that you are mistaken. Prosecutorial discretion is essentially absolute. See, e.g., oyez.org/cases/2004/04-278 | |
| Dec 22, 2015 at 7:57 | vote | accept | Alexanne Senger | ||
| Aug 29, 2015 at 18:05 | comment | added | jimsug | @Ben I suppose it's necessary to note that 1) the SCOTUS has found private prosecution unconstitutional, and although this applies only to Federal cases, you'd be looking for laws that state otherwise in various criminal codes, and 2) especially in penal codes like California's, the fact that public prosecution is mentioned, but private prosecution is not, is considered an exhaustive list (containing one item) of possibilities for prosecution. | |
| Aug 29, 2015 at 10:02 | comment | added | Ben | Showing my ignorance but that says the AG has a duty to prosecute it doesn't say the victim may not do so. Does it need to be read in conjunction with something else? | |
| Aug 29, 2015 at 8:46 | history | edited | jimsug | CC BY-SA 3.0 |
added 780 characters in body
|
| Aug 29, 2015 at 8:39 | comment | added | Ben | Punitive damages? | |
| Aug 29, 2015 at 8:37 | comment | added | Dale M♦ | Worth pointing out that the burden of proof for the tort is balance of probabilities as opposed to the criminal burden of beyond reasonable doubt. The fact that the DA may feel he cannot get a conviction does not necessarily mean there is no prospect of success in a civil case. | |
| Aug 29, 2015 at 8:27 | comment | added | jimsug | @Ben Nope. | |
| Aug 29, 2015 at 8:25 | comment | added | Ben | Does California not have private prosecutions? | |
| Aug 29, 2015 at 7:47 | history | answered | jimsug | CC BY-SA 3.0 |