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A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in civil law. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the ...
Malicious prosecution is a common law intentional tort.Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.
In jurisprudence, prosecutorial misconduct or prosecutorial overreach is "an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropriate punishment."
Legal immunity, or immunity from prosecution, is a legal status wherein an individual or entity cannot be held liable for a violation of the law, in order to facilitate societal aims that outweigh the value of imposing liability in such cases.
In law, selective enforcement occurs when government officials (such as police officers, prosecutors, or regulators) exercise discretion, which is the power to choose whether or how to punish a person who has violated the law.
The Brady doctrine is a pretrial discovery rule that was established by the United States Supreme Court in Brady v. Maryland (1963). [2] The rule requires that the prosecution must turn over all exculpatory evidence to the defendant in a criminal case.
Ohio state law allows private citizens to file an affidavit to support criminal charges. [47] However, the actual prosecution is limited to the state. [48] Only prosecutors can present a criminal case to a grand jury. State law was further amended in 2006 to bar judges from issuing arrest warrants in private prosecution cases. [49]
Cancelling the prosecution of a crime is called a sepot or seponering in Dutch and is mentioned in the Dutch Criminal Procedure Code (Articles from 12 to 13a). [14] There are three types of cancellation of prosecution: policy sepot: petty crimes are not prosecuted to free up capacity in the legal system and to prosecute serious crimes.