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Questions tagged [prosecution]

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9
votes
3answers
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 ...
1
vote
2answers
74 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
votes
1answer
231 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 ...
1
vote
1answer
57 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 ...
4
votes
4answers
904 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.
2
votes
1answer
71 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
2answers
159 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" ...
14
votes
2answers
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 ...
30
votes
4answers
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 ...
27
votes
4answers
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
2answers
268 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 ...
20
votes
9answers
4k 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 ...
1
vote
1answer
205 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
3answers
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 ...
3
votes
1answer
201 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 ...