Questions tagged [prosecution]
The prosecution tag has no usage guidance.
45
questions
0
votes
2
answers
132
views
Can the evident motivation of a prosecuting body in bringing charges matter to its outcome? (Is that a malicious prosecution?)
Bob runs a shop, and every week or so he catches a shoplifter and dutifully lays the information before his local magistrate court to prosecute them each time of thousands within the week.
One time a ...
- 9,113
1
vote
0
answers
15
views
In crimes prosecuted by local authorities, do they take the place off the police or the CPS?
For example, illegal eviction may be prosecuted by local authorities. In this case, does that mean that they refer the cases after charging to the CPS rather than the relevant police forces? Or that ...
- 9,113
2
votes
2
answers
120
views
Relation between transport security investigation and police investigation
The MAIB (the maritime transport safety investigation board of the UK) has recently published a safety bulletin about liferafts that weren't properly serviced by a service station.
The full report is ...
- 4,815
6
votes
2
answers
871
views
Imbler v. Pachtman and Texas prosecutor Ken Anderson
In 2013 Texas (Williamson County) District Attorney Ken Anderson served a 10 day jail sentence for prosecutorial misconduct. Quoting https://innocenceproject.org/news/ken-anderson-michael-morton-...
- 423
-4
votes
6
answers
188
views
In American criminal law, do prosecutors who seek to prosecute a defendant need to have evidence of the defendant's guilt beyond a reasonable doubt?
Would the judge in a criminal trial consider a prosecutor's statement that some evidence is representative of a defendant's guilt is a false statement by seeking the evidence to be inferred as ...
5
votes
2
answers
192
views
What does it take to be sentenced to a medium-security prison (US)?
It is a trope that when powerful/rich people are sentenced, they are sent to cushy, low-security prisons (think The Wolf of Wall Street).
However, in my book, I'd like a certain character to be sent ...
- 990
7
votes
4
answers
1k
views
Can a judge or prosecutor be compelled to testify in a criminal trial in which they officiated?
Without considering why a party in a criminal trial might want to do so, are there any obstacles to subpoenaing and examining any of the following people as witnesses during the trial? ETA: Not as ...
- 21.7k
19
votes
4
answers
7k
views
Why does Double Jeopardy apply if you confess?
If you were tried for murder and acquitted - then you go out and publicly admit that they were wrong, you did actually murder that person. Where is the justice in not being able to be tried again in ...
- 460
1
vote
1
answer
96
views
Prosecutor Disqualified for False Statements
I am looking for specific cases where a prosecutor was disqualified for making false statements or violated professional conduct rules.
I have seen cases where they were disqualified for conflicts.
- 11
2
votes
2
answers
161
views
Could a trial be held against a sitting President?
During the Mueller investigation, it came out that the Justice Department has a policy against indicting a sitting President, so nothing he found would result in bringing charges against Trump. ...
- 1,732
14
votes
4
answers
4k
views
If you try to charge someone for something and it doesn't stick, can a less severe charge be made as a follow-up?
Say Mark is charged with A (let's say Murder), but the charges don't stick because e.g. he didn't do it on purpose. Can Mark then charged as a follow-up for B (e.g. involuntary manslaughter)? Or does ...
- 3,555
2
votes
1
answer
164
views
Are parents liable to prosecution as soon as they know that their child has stolen something?
In Germany, children up to the age of 14 are not liable to prosecution. What happens when a child steals a sweet in the supermarket and the parents don't notice at first? Only when they get home do ...
- 469
4
votes
2
answers
788
views
Can private prosecution be brought against anoymous identifying placeholder?
In a civil case, the proper name of the defendant need not be known and it can simply be filed against "the individual with this phone number" and their identity possibly later subpoenaed ...
- 9,113
1
vote
0
answers
17
views
Must the DPP necessarily, and is it typically, informed of prosecutions undertaken by parties other than itself?
The fundamental curiosity underlying this question was piqued by this provision:
https://www.legislation.gov.uk/ukpga/1985/23/section/6
And a wondering as to how often it is invoked, which raises two ...
- 9,113
2
votes
2
answers
77
views
If one is charged with a crime and then get acquitted, can they be awarded any costs?
If you get convicted, then generally you have to pay something toward the prosecution costs. But what if you prevail in upholding your innocence? Does the street go two ways?
And does the answer ...
- 9,113
1
vote
0
answers
33
views
how to obtain the consent of the DPP for a private prosecution in the UK?
For a person in the UK considering taking forward a private prosecution, according to this form:
"Application for summons or warrant for arrest for alleged offence under Magistrates’ Courts Act ...
- 221
3
votes
2
answers
207
views
How illegal is it to give your prescription medicine to another person (in any amount)?
Is it expressly illegal to give even one pill of a prescription medicine you have to another person? If so, what law says this, and under what terms? If not, what are the minimum terms, for example, ...
- 49
1
vote
1
answer
100
views
Why is there no limitations period on indictable offences?
In England, it seems one can be charged with an indictable or either-way offence 70 years after the fact.
Is it not so that in most places this is not the case?
And what are the stated justifications ...
- 9,113
2
votes
2
answers
178
views
What exactly is prohibited in a 'prohibited place' under the Official Secrets Act?
Last summer, I drove past RAF Spadeadam in the north of England. I passed the following rather foreboding sign:
Ministry of Defence
This is a prohibited place within the meaning of the Official ...
- 497
1
vote
3
answers
195
views
Why can't ordinary people bring criminal charges against someone else?
Background context
In Canada and the United States, Individuals do not file criminal charges directly against someone else. A criminal proceeding is initiated by the government.
This could be a ...
- 1,810
-3
votes
1
answer
125
views
What charges can be filed against someone who destroys evidence out of suspected negligence?
Background context
In instances of assault and sexual abuse at nightclubs, CCTV footage is a crucial source of information since most people present are likely to be intoxicated.
Please consider the ...
- 1,810
2
votes
4
answers
2k
views
Why prosecute Kyle Rittenhouse if there is no real chance of a guilty verdict?
(Not sure if this should be on the Politics.SE)
From divibisan's answer to one of my questions on Politics.SE:
You won't find many people seriously arguing that the Rittenhouse jury ruled incorrectly ...
- 2,407
6
votes
1
answer
91
views
What is the "public interest"?
Prosecution as in England must only be undertaken if they are required by the public interest. What is this public interest and how is it understood?
Can these decisions not become quite politically ...
2
votes
1
answer
84
views
What role do the police have rather than the CPS in "charging" criminals?
What is the difference for that matter between "charging" and "prosecuting"?
0
votes
2
answers
99
views
What factors determine whether an assault will be vigorously looked into pursued and charged by the police or not?
Meet Bob. He has filmed some thugs assaulting him by shoving, hitting, kicking at him and forcibly taking his phone away on the street until a passerby finally strongly urged him to give it back.
Bob ...
10
votes
2
answers
4k
views
(Your unlawful act) "will be prosecuted to the maximum extent possible under the law." For real?
Several software products make statements about possible prosecution, for example Microsoft Office:
Unauthorized reproduction or distribution of this program, or any portion of it, may result in ...
- 263
1
vote
1
answer
132
views
Can you be held accountable for breaking a repealed law?
If you break a law today and get away with it for 5 years. If the law that you broke would be repealed 5 years later could you still be prosecuted for breaking the law while it was in effect or does ...
- 4,747
0
votes
1
answer
144
views
In Texas, can prosecutors be defense attorneys for free outside the job?
In another thread, I was told that DAs and other prosecutors are typically prohibited from engaging in volunteer, pro bono work. However, I've now come across the following Texas Bar statement, which ...
- 1,515
2
votes
1
answer
328
views
Are DAs and other prosecutors prohibited from being defense attorneys, such as in a pro bono fashion?
If you're a lawyer accepting a job at a DA's office or if you otherwise become a prosecutor, would you be prevented from privately representing clients as a criminal defense attorney? For example, ...
- 1,515
4
votes
5
answers
356
views
Why does it take so long to get a guilty verdict in obvious cases?
I am not a lawyer and TV has definitely not been an accurate representation of the law. So I'm hoping to get some clarification on things here:
Today we learned that the person who committed the ...
- 2,154
9
votes
3
answers
2k
views
How do prosecutors prepare to cross-examine defendants?
Prosecutor Peter is preparing for a trial. Defendant Dexter may or may not take the witness stand. Peter has no idea what he would say if he does (no disclosure obligation on the defendant) but still ...
- 25.6k
2
votes
2
answers
125
views
Does qualified immunity protect p. officers from civil liability if found to have abetted conspiracy or maliciously falsified a criminal report?
Is there any cases that decided this question? Can the DA be sued if they know or should know and maliciously prosecute regardless in such a case?
Primarily interested in the State of California.
- 3,875
4
votes
2
answers
452
views
Defendant's right to surprise prosecution at trial
Common law disclosure obligations between prosecutors and defendants appear to be imbalanced:
prosecutors basically have to disclose everything they have on defendants
defendants have to disclose ...
- 25.6k
1
vote
1
answer
61
views
Can I prosecute another way if a states attorney declines to?
Is there any way to prosecute someone and bring them before a judge if the states attorney office declines to? Or can I sue the states attorney and force prosecution?
The state is Maryland if that ...
- 215
5
votes
4
answers
1k
views
Is it possible that the prosecutor trying a case can become a witness of such case and be taken off it?
I suppose they can be if the prosecutor has been a victim inside the case.
5
votes
1
answer
179
views
Is anyone currently in jail/prison as the result of a private prosecution in the USA?
Private prosecutions are extremely rare but not completely disappeared in the US, and persist in a few states. I want to get a sense of just how rare they are.
Is there anyone currently in jail/...
3
votes
2
answers
987
views
Does the word "allegedly" shield from defamation claims?
If Bob publicly says "Rob killed Alice", Rob could sue (and win) Bob for defamation — unless Rob gets convicted for that crime.
But if Bob instead says "Rob allegedly killed Alice" ...
- 25.6k
15
votes
2
answers
4k
views
What legal recourse do citizens have when law enforcement refuse to address crimes for political reasons?
This is a bit of follow-up to this situation, although the question is different and things got much worse.
According to a recent poll, 40% of San Francisco residents are considering moving out of the ...
- 1,693
30
votes
4
answers
5k
views
Can a prosecutor hold back charges so they can try again?
Assume I was alleged to have been involved in a bank robbery gone wrong - guns were fired, people were killed and injured, some robbers were arrested at the scene, some escaped etc.
Obviously, there ...
- 198k
27
votes
4
answers
9k
views
What happens to Donald Trump if he refuses to turn over his financial records?
Headlines for 2021 February 22 read "Supreme Court Approves Subpoena for Trump's Financial Records".
Since the Supreme Court has now ruled on the matter, I am not aware of any other body to ...
3
votes
2
answers
276
views
Status of U.S. attorneys in US DOJ (2021)
With the new President Biden and his administration in the U.S., I see news stories that the Biden administration is asking 56 Trump-appointed and Senate confirmed U.S. attorneys to resign from their ...
- 885
20
votes
9
answers
9k
views
What happens if a prosecutor refuses to file charges?
Inspired by the answer to a previous question I asked.
Let's say Alice assaults Bob, and Bob goes to the police. I gather from the answer to the linked question that what happens in principle is that ...
- 2,407
2
votes
1
answer
399
views
Why was he put in prison but never got a criminal record?
I watched this video about a dare devil climbing to the top of The Shard in London, before being cautioned by the police. The Shard later took out a private prosecution against him.
I am confused ...
- 688
29
votes
3
answers
9k
views
Can the President of the United States pardon proactively?
President Trump's administration has just formally started the transition process. He is now officially a lame-duck President. It is common for outgoing Presidents to grant pardons in this last phase ...
- 4,747
4
votes
1
answer
238
views
What is the history of rules requiring prosecutors to disclose evidence?
I was surprised to discover that Brady v. Maryland was decided as recently as 1963. Not knowing enough about the context in which it was decided, I am having trouble understanding exactly what ...
- 825