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Nolle prosequi, [a] abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue". [3] [4] It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; [5] it is a kind of motion to dismiss and contrasts with an involuntary dismissal.
An a fortiori argument is an "argument from a stronger reason", meaning that, because one fact is true, a second (related and included) fact must also be true. / ˌ eɪ f ɔːr t i ˈ oʊ r aɪ, ˌ eɪ f ɔːr ʃ i ˈ oʊ r aɪ / a mensa et thoro: from table and bed Divorce a mensa et thoro indicates legal separation without legal divorce. / ˌ ...
no crime, no punishment without a previous penal law: Legal principle meaning that one cannot be penalised for doing something that is not prohibited by law; penal law cannot be enacted retroactively. nullum magnum ingenium sine mixtura dementiae fuit: There has been no great wisdom without an element of madness: numen lumen: God our light
Nolle prosequi – Latin for “not wish to prosecute – is not an acquittal. Because of that, there is no double jeopardy involved, and the charges could be resubmitted later.
[a] Prosecutors may dismiss charges in this situation by seeking a voluntary dismissal or nolle prosequi. Wayte v. United States 470 U.S. 598 (1985) [9] said: In our criminal justice system, the Government retains "broad discretion" as to whom to prosecute.
A "motion for nolle prosequi" ("not prosecuting") is a motion by a prosecutor or other plaintiff to drop legal charges. n. n. Latin for "we do not wish to prosecute," which is a declaration made to the judge by a prosecutor in a criminal case (or by a plaintiff in a civil lawsuit) either before or during trial, meaning the case against the ...
The most noted prerogative power that affects the judicial system is the prerogative of mercy, which has two elements: the granting of pardons and the granting of nolle prosequi. Pardons may eliminate the "pains, penalties and punishments" from a criminal conviction, though they do not remove convictions themselves.
Smith LJ posed the question as to who can enter a nolle prosequi and stated that the attorney general (or their fiat) [9] were "supreme in that matter". [2] The judgment in this appeal makes it clear that the attorney general's unique power to stop legal proceedings is not reviewable by the courts. [3]