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Why does the State intervene on Criminal Matters?
Something that has been a splinter in my mind?
When JQ Citizen files a criminal complaint with either the police or at the courts the STATE takes over the case.
I can't figure out why the de facto STATE would intervene and attempt to take a statutory pound of flesh for itself.
This is the standard operating procedure in MASSACHUSETTS for instance.
If a resident files a
criminal complaint , effectively the complainant can not withdraw it. The State takes over completely and will not withdraw even on the complainants express request.
By what claim of right or authority does the STATE execute this under? Is this not a subrogation of right?
If it's not, what document is the waiver? The police report?
My assumption is that the STATE is protecting it's own interests by exercising a property right in the legal fiction complainant and is in fact subrogating nothing.
If I want to prosecute for a crime , why can't a do it directly? Why do I need the DA?
Can an individual allege. criminally prosecute, and convict in his own right if the facts support it?
Why is the STATE reaping financial reward in the stead of the alleged victim?
Why does the an alleged victim need to recover damages civilly in his/her own right autonomous of the STATE?
Where is the DA then......?
One reasonable conclusion would be the action of making a police report and/or complaint only serves to protect the public/State interest and not the interest of the alleged victim.
In effect the police report is a damage report on STATE property interests. The property (alleged victim) must find it's own remedy.
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