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Subject:
What's the nature and the limits of prosecutorial discretion
Category: Relationships and Society > Law Asked by: brad23ny-ga List Price: $5.00 |
Posted:
14 Jul 2003 20:46 PDT
Expires: 13 Aug 2003 20:46 PDT Question ID: 231101 |
What's the role of the "complaintant" in criminal process? What about prosecutorial discretion for criminal offenses - how does it work. I'd like to know how it works when someone reports a possible crime to the police or the DA. How much discretion do the police or the DA they have in pursuing a case once the complaint has come to their attention. Are they required to pursue a case after it's been reported? If they decide not to, can an interested private party require them to explain the no-prosecute decision in some forum, and/or bring action to overturn the no-prosecution decision and compel prosecution? What criteria are legally sufficient for a law enforcement agency that decides not to pursue a case? What legal rules constrain the exercise of prosecutorial discretion? Does a DA have unlimited discretion (say to prosecute the offenses which carry a fine only, and to not process other offenses/misdemeanors which may carry jail time)? Presuming not, what is the nature of that discretion and how is it exercised, and how can it be legally brought to question? What ability does a private parson have to prosecute a criminal case in a court of law, after the action has been dropped by the DA? Do the answers differ significantly from jurisdication to jurisdication (state to state)? |
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There is no answer at this time. |
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Subject:
Re: What's the nature and the limits of prosecutorial discretion
From: tutuzdad-ga on 14 Jul 2003 20:53 PDT |
Wow. That's a tall order for the price you have selected. I recommend you review the pricing guide and adjust your price accordingly in order to attract a quality answer. http://answers.google.com/answers/pricing.html Alternatively, you might select just one or two of the most important questions and reduce your request to these topics only if you plan to maintain your current offer. Regards; tutuzdad-ga |
Subject:
Re: What's the nature and the limits of prosecutorial discretion
From: attorneygates-ga on 16 Aug 2003 10:01 PDT |
In most states prosecutors have nearly total discretion in deciding what cases to prosecute. I expect that few states would permit a complainant to force the prosecutor to bring charges. Some states permit "private prosecutions" where a complainant can hire a private attorney to serve as prosecutor. Those cases are pretty rare. |
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