The act of prosecuting ( charges leading to trial) the defendant(offender) in the criminal case in the court, by the government attorney to establish justice. Prosecution generally represents the government/state in the case.
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Malicious prosecution claims have succeeded when unfounded and malicious complaints have been made to professional associations, such as in the 2006 decision of PEI's Supreme Court, Griffin v the City of Summerside, and in which the above extract from Remedies in Tort was relied upon.
n. 1) in criminal law, the government attorney charging and trying the case against a person accused of a crime. 2) a common term for the government's side in a criminal case, as in "the prosecution will present five witnesses" or "the prosecution rests" (has completed its case).
The prosecution must prove beyond a reasonable doubt that the defendant is guilty of each element of the crime charged to satisfy the due process requirement of a fair trial.
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Deferred prosecution: An arrangement made between the District Attorney and defendant before trial halting the prosecution of a defendant for up to two years on the condition that he or she successfully meets conditions of probation, usually some type of counseling or drug or alcohol treatment.
MALICIOUS PROSECUTION, or MALICIOUS ARREST, torts, or remedies. These terms import a wanton prosecution or arrest, made by a prosecutor in a criminal proceeding, or a plaintiff in a civil suit, without probable cause, by a regular process and proceeding, which the facts did not warrant, ...
malicious prosecution - A meritless (civil or criminal) action instituted solely to harass the defendant. Such misuse of the judicial process may be the basis for an action against the original plaintiff/prosecutor.
Malicious Prosecution - An action for recovery of damages that resulted to a person, property, or reputation from previous civil or criminal proceedings that were prosecuted or pursued with malice and without probable cause.
Malicious Prosecution - In New Mexico, the tort of 'Malicious Prosecution' no longer exists. It has been combined with 'Abuse of Process' to form a new tort, 'Malicious Abuse of Process.'
See Malicious Abuse of Process.
prosecute, prosecution To pursue an action in court; usually used in reference to criminal cases, which are sometimes called prosecutions.
prosecuting attorney The public officer in each county who is responsible for conducting criminal prosecutions on behalf of the state.
by the organisation regulating themConveyancingThe processes involved in buying, selling or remortgaging a property to transfer its legal title from one person to anotherCounselA term used to describe a barristerCreditorA person or organisation to whom money is owedCrown Prosecution ...
There, they could be exempted from the normal prosecution which, in those days, was quite severe (see, for example, The Law's Hall of Horrors). But the ordeal, even within sanctuary, was no piece of cake.
The constitutional right of people to refuse to give testimony against themselves that could subject them to criminal prosecution. The right is guaranteed in the Fifth Amendment to the United States Constitution . Asserting the right is often referred to as "taking the Fifth."
The prosecution (i.e. State or United States) in a criminal case.
plea bargaining - The process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval.
Self-incrimination, privilege against: - The constitutional right of people to refuse to give testimony against themselves that could subject them to criminal prosecution. The right is guaranteed in the Fifth Amendment to the United States Constitution.
Grand juries hear evidence from just one side (the prosecution) before they decide whether someone should be indicted (formally charged) with a crime. IIndictmentThe process of being formally charged with a crime, typically a serious criminal offense. Indictments are determined by grand juries.
Director of Public Prosecutions: Independent official who decides whether to prosecute in criminal cases and in whose name all criminal prosecutions are taken.
Discovery: Sworn disclosure of documents and records.
In other words, the prosecution must prove not only that the accused committed the offence but that he (or she) did it knowing that it was prohibited; that their act (or omission) was done with an intent to commit a crime. Minor A person who is legally underage.
A defense designed to dismiss, suspend, or obstruct the prosecution of a claim, without touching upon the defendant's "meritorious defense".Equitable defense. A defense, in a common-law action, which rests upon equitable or legal and equitable grounds.Full defense.
results may not be used in criminal prosecution.' Von Raab, 489 U.S. at 666 (emphases added). Even so, a search in the special needs context almost always requires individualized suspicion. See, e.g., Portillo v. U.S. Dist. Court, 15 F.
ALFORD PLEA - The so-called Alford plea is a form of "guilty" plea in which the defendant does not admit the act, but admits that sufficient evidence exists with which the prosecution could likely convince a judge or jury to find the defendant guilty.
Also, "it appears the Porn Squad has been told that the best possibility of prosecution includes golden showers, scat ... and BDSM along with other fringe fetishes... [the US] government is not targeting kiddie porn only" .
IMMUNITY - Exemption from a legal duty, penalty or prosecution.
IMPAIRMENT - When a person's faculties are diminished so that his or her ability to see, hear, walk, talk and judge distances is below the normal level as set by the state.
Nolle: Short for nollo prosequi, which means "no prosecution". A disposition of a criminal or motor vehicle case where the prosecutor agrees to drop the case against the defendant but keeps the right to reopen the case and prosecute at any time during the next thirteen months.
An informer; a person who has supplied the facts required for a criminal prosecution or a civil suit. In criminal prosecutions in some states, this would be indicated by the use of the expression ex. rel. as in The State of California ex. rel. Robert Smith v. George Doe.
Pre-trial Diversion: Conditional deferment of prosecution for specified type of offenses. Use of diversion is frequently dependent on the availability of a community based and monitored rehabilitative program (i.e., drug treatment, half way house).
diversion - A procedure used in some criminal prosecutions against persons who are arrested and have no previous criminal background. Diversion creates a written contract between the prosecutor and accused in that if the accused completes the requirements in the contract.
" Used primarily in criminal proceedings whereby the defendant declines to refute the evidence of the prosecution. In some jurisdictions, this response by the defendant has same effect as a plea of guilty.
One who runs away to avoid arrest, prosecution or imprisonment. Many extradition laws also call the suspect a "fugitive" although, in that context, it does not necessarily mean that the suspect was trying to hide in the country from which extradition is being sought
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Desert simpliciter To bring prosecution for a crime or offence on indictment or summary complaint to an end without the facts being determined.
Detention A sentence of imprisonment in a young offender's institution on a person under 21 years of age.
Expenses incurred in the prosecution of a lawsuit, including filing fees, deposition expenses and witness fees.
A claim filed by the defendant against a plaintiff as part of defendant's response to a lawsuit.
REBUTTAL: The evidence offered by the prosecution in response to the defendant's direct evidence.
RELEASE ON RECOGNIZANCE (ROR): The release of a defendant without bail, pending a trial or other action. See also, Parole.
REMAND: The holding in custody of a defendant without bail.
Party - A person, business, or government agency actively involved in the prosecution of defense of a legal proceeding.
Patent - A grant to an inventor of the right to exclude others for a limited time from make, using, or selling his invention in the United States.
Immunity - Grant by the court, which assures someone will not face prosecution in return for providing criminal evidence.
For legal advise regarding Immunity, you can contact our legal staff via phone (800) 341-2684 or email email@example.com .
Judgment - The final decision by a court in a lawsuit, criminal prosecution, or appeal from a lower court's judgment.
Judicial Bypass/Waiver - A judicial authorization for an abortion, which allows minors to 'bypass' forced parental involvement laws.
PROSECUTOR - A public officer whose duty is the prosecution of criminal proceedings on behalf of the people.
PUBLIC DEFENDER - Lawyers employed by the state to represent defendants accused of crimes who cannot afford to hire their own lawyer.
" Many serious crimes require the proof of "mens rea" before a person can be convicted. In other words, the prosecution must prove not only that the accused committed the offence but that he (or she) did it knowing that it was prohibited; ...
Prosecutions and civil cases taken (or defended) by the government are taken in the name of the Crown as head of state. That is why public prosecutors are referred to, in Canada, as "Crown" prosecutors and criminal cases take the form of "The Crown vs. John Doe" or "Regina vs.
privilege: An advantage not enjoyed by all; a special exemption from prosecution or other lawsuits. (See also immunity.)
probable cause: A reasonable basis for assuming that a charge or fact is well founded.
We look to the substantive law, for example, to tell us what constitutes a breach of contract, or medical malpractice, or trespass, or murder. Procedural rules, by contrast, tell us how to commence a lawsuit or a prosecution, or what kinds of motions can be made, ...
These offenses can then be treated as petty misdemeanors. Minn. R. Crim. Rule 23.04. This term should not be confused with certification (or Reference) of Juvenile in district court, which is used to refer juveniles to adult court for criminal prosecution. M.S. §260.125 ...
Prosecutions tend to be brought by the trading standards departments of local authorities.
A person commits trespass to land when they enter another's land without their permission. A trespasser may be sued in the civil courts.