Questions tagged [prosecution]

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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 ...
3 votes
2 answers
72 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 ...
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3 answers
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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 ...
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-4 votes
1 answer
119 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 ...
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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 ...
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3 votes
1 answer
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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
63 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
92 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 ...
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1 vote
1 answer
112 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 ...
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0 votes
1 answer
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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 ...
2 votes
1 answer
130 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, ...
2 votes
4 answers
224 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 ...
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 ...
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2 votes
2 answers
84 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.
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4 votes
2 answers
362 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 ...
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1 vote
1 answer
59 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 ...
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5 votes
4 answers
941 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.
4 votes
1 answer
121 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
222 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" ...
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14 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 ...
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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 ...
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28 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 ...
4 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 ...
21 votes
9 answers
6k 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 ...
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1 vote
1 answer
291 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 ...
29 votes
3 answers
8k 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 votes
1 answer
230 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 ...