Questions tagged [prosecution]

The tag has no usage guidance.

Filter by
Sorted by
Tagged with
0 votes
1 answer
39 views

Aiding and abetting indirectly/where the principal is not the person intended by D (English Law)

If X encourages Y to commit crime A, but, rather than commit the crime himself (and unknown to X), Y then encourages a third party Z to commit crime A. X could be charged with inchoate liability for ...
ech-93's user avatar
  • 101
0 votes
2 answers
168 views

If a getaway driver drives away while a bank robbery is in progress, will he/she still be arrested as a participant in this crime?

Consider a situation in which a group of four people drive to a bank and then three of them go into the bank to rob it, and while those three are inside the bank robbing it, the driver has a sudden ...
user57467's user avatar
  • 1,543
0 votes
1 answer
55 views

Theft without charge; post-factum permission [duplicate]

I'm curious about what constitutes a violation of the law in the State of New York (but other jurisdictions would be interesting to me, too). The scenario is that an adult takes something of ...
Peter - Reinstate Monica's user avatar
1 vote
1 answer
86 views

Post office inquiriy

Following the current post office inquiry videos on YouTube ... The largest miscarriage of justice in Britain history. Which laws are likely to have been broken. Misleading the court/perjury seem ...
NimChimpsky's user avatar
-1 votes
2 answers
163 views

Should a prosecutor who is personally interested in a case recuse themselves from it?

If so, by what rule(s) or principle(s) is this the case? Obviously judges are required to be impartial and expected to otherwise recuse themselves. But does the same hold true of prosecutors?
TylerDurden's user avatar
0 votes
1 answer
146 views

Are the police bound in their charging decisions by the public interest test?

Are the police bound, in their summary only (in-house) charging decisions, like the CPS is, to follow the public interest test?
TylerDurden's user avatar
4 votes
1 answer
567 views

Is TfL a public body as under s17(6)(d) POA1985?

Section 17(6)(d) Prosecution of Offences Act 1985 lays out certain criteria which render an organisation subject to the prosecution rules for a public body: d)any other authority or body whose ...
TylerDurden's user avatar
0 votes
0 answers
44 views

What bodies are bound by the public interest test when prosecuting a crime?

ThE CPS clearly is held to this test, but what about other entities bringing prosecutions? Like local authorities, other public bodies, or even privately owned companies? Where is the line drawn?
TylerDurden's user avatar
0 votes
2 answers
151 views

What is it called when a public body that does not primarily exist to prosecute crimes brings a prosecution?

Some offences may be prosecuted by, in addition to the CPS, other public bodies, like local authorities or transportation authorities. Even while these are public and not private bodies, would one ...
TylerDurden's user avatar
0 votes
2 answers
141 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 ...
TylerDurden's user avatar
1 vote
0 answers
19 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 ...
TylerDurden's user avatar
2 votes
2 answers
121 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 ...
PMF's user avatar
  • 5,593
6 votes
2 answers
902 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-...
neubert's user avatar
  • 515
-4 votes
6 answers
289 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 ...
Dennis Francis Blewett's user avatar
5 votes
2 answers
270 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 ...
user110391's user avatar
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 ...
feetwet's user avatar
  • 21.8k
19 votes
4 answers
8k 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 ...
Jon's user avatar
  • 460
1 vote
1 answer
122 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.
Mike Jkdkd's user avatar
2 votes
2 answers
180 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. ...
Barmar's user avatar
  • 1,996
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 ...
chausies's user avatar
  • 3,819
2 votes
1 answer
258 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 ...
Maik Lowrey's user avatar
4 votes
2 answers
801 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 ...
TylerDurden's user avatar
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 ...
TylerDurden's user avatar
2 votes
2 answers
81 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 ...
TylerDurden's user avatar
1 vote
0 answers
35 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 ...
jim's user avatar
  • 221
3 votes
2 answers
311 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, ...
Julius Hamilton's user avatar
1 vote
1 answer
114 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 ...
TylerDurden's user avatar
2 votes
2 answers
273 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 ...
CDJB's user avatar
  • 507
1 vote
3 answers
228 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 ...
AlanSTACK's user avatar
  • 2,030
-3 votes
1 answer
127 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 ...
AlanSTACK's user avatar
  • 2,030
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 ...
Allure's user avatar
  • 2,633
6 votes
1 answer
124 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 ...
JosephCorrectEnglishPronouns's user avatar
2 votes
1 answer
135 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"?
JosephCorrectEnglishPronouns's user avatar
0 votes
2 answers
109 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 ...
JosephCorrectEnglishPronouns's user avatar
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 ...
miroxlav's user avatar
  • 263
1 vote
1 answer
161 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 ...
Neil Meyer's user avatar
  • 4,889
0 votes
1 answer
166 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 ...
The Editor's user avatar
  • 1,275
2 votes
1 answer
459 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, ...
The Editor's user avatar
  • 1,275
4 votes
5 answers
409 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 ...
Pyrotechnical's user avatar
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 ...
Greendrake's user avatar
  • 27.5k
2 votes
2 answers
137 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.
kisspuska's user avatar
  • 3,924
4 votes
2 answers
528 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 ...
Greendrake's user avatar
  • 27.5k
1 vote
1 answer
65 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 ...
Bbb's user avatar
  • 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.
bestofthebeast's user avatar
5 votes
1 answer
192 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/...
privateprosresearch's user avatar
3 votes
2 answers
2k 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" ...
Greendrake's user avatar
  • 27.5k
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 ...
Michael's user avatar
  • 1,703
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 ...
Dale M's user avatar
  • 209k
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 ...
End Anti-Semitic Hate's user avatar
3 votes
2 answers
278 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 ...
Al Lelopath's user avatar