Prosecutorial Descretion?

[Buzz Sawyer]

I was asked a question today, and really never thought about it. Actually, I'm upset that this has never crossed my mind.

The question was "What can you do if a prosecutor refuses to prosecute a case for you?" This person asking was wondering as was I!

To the best of my knowledge, a prosecutor has sole descretion on what he/she prosecutes. I see no way around it.

So, now I'm wondering, what would happen if one filed a complaint, crimminal, with a judge, prosecutor won't prosecute. What would be the best course of action?

The person asking, wanted to file a complaint for intimidation, a felony. The person who committed the crime, was charged with assault. Prosecutor claims something to the effect, that it would be attempting to punnish for the the same crime. Clearly not! Intimidation, and assault are two different offenses.

I've never thought of this before as I mention, but have posted on a couple of other boards, and thought I would try here as well. Case law would help.

Oh, this is at a county/city level. Victim attempted to file in higher court, and was told by the judge coulnt' do it.

Any suggestions? (Not including hanging, whipping, or the like, LEGAL/LAWFUL suggestions?)

[robhalford88]

In some jurisdictions, there still remains the option of 'private' criminal prosecution. I have assisted in one, but the out for the system is the the prosecutors can step in and take it over. What they then do is withdraw all the evidence and get the case dismissed.
You could always appoint the prosecutor as your fiduciary agent and then hang the possibility of failure to uphold fiduciary duty, or suchlike over their head.
Consider that ALL crimes are commercial and the 'justice' system is actually a commercial enterprise, then you will see how fiduciary duty can be important.
Other than that, I don't know.

[Buzz Sawyer]

Originally Posted by robhalford88

In some jurisdictions, there still remains the option of 'private' criminal prosecution. I have assisted in one, but the out for the system is the the prosecutors can step in and take it over. What they then do is withdraw all the evidence and get the case dismissed.
You could always appoint the prosecutor as your fiduciary agent and then hang the possibility of failure to uphold fiduciary duty, or suchlike over their head.
Consider that ALL crimes are commercial and the 'justice' system is actually a commercial enterprise, then you will see how fiduciary duty can be important.
Other than that, I don't know.

No private prosecutions here. Can not be done.

Again, my quetion is what to do about it? How can a prosecutor say that two seperate crimes are the same? and how can a prosecutor refuse to prosecute a felony.

There will be NO appointment of another prosecutor, that would be nothing more than a pipe dream for this person, and the fight the person would go threw, well, the statute of limitations would long exspire on the felony. There has to be cases such as this.

Usually one complains of them going to far, this is a case of sitting on his fat ass doing nothing, protecting a felon.

[Sharing Lights]

Originally Posted by Buzz Sawyer

I was asked a question today, and really never thought about it. Actually, I'm upset that this has never crossed my mind.

The question was "What can you do if a prosecutor refuses to prosecute a case for you?" This person asking was wondering as was I!

To the best of my knowledge, a prosecutor has sole descretion on what he/she prosecutes. I see no way around it.

So, now I'm wondering, what would happen if one filed a complaint, crimminal, with a judge, prosecutor won't prosecute. What would be the best course of action?

The person asking, wanted to file a complaint for intimidation, a felony. The person who committed the crime, was charged with assault. Prosecutor claims something to the effect, that it would be attempting to punnish for the the same crime. Clearly not! Intimidation, and assault are two different offenses.

I've never thought of this before as I mention, but have posted on a couple of other boards, and thought I would try here as well. Case law would help.

Oh, this is at a county/city level. Victim attempted to file in higher court, and was told by the judge coulnt' do it.

Any suggestions? (Not including hanging, whipping, or the like, LEGAL/LAWFUL suggestions?)

Too many ingredients are missing.

There had to be at least 20 steps.
You listed only few.

No one can give you a realistic opinion when
so many premises are missing.

Don't forget -this is a criminal matter,
where there is no room for error!

...............

[Buzz Sawyer]

Originally Posted by Sharing Lights

...............

SL: IT is simple. The prosecutor is protecting a felon. The victim attempted to file a crim. complaint with the original pros. Prosecutor refused and file a charge for assault without telling victim. Victim took crim. complaint to new pros. This is where victim is.

I think, this person needs to file with the lower court, wait for fat ass lazy pros. to come up with stupid exscuse, then file crim. charges in Fed court for 1-obstruction of justice, 2-malfeases of office, 3-perhpas conspiracy.

[robhalford88]

Originally Posted by Buzz Sawyer

No private prosecutions here. Can not be done.

Again, my quetion is what to do about it? How can a prosecutor say that two seperate crimes are the same? and how can a prosecutor refuse to prosecute a felony.
In criminal law, there can be alternatives to crimes. Murder can be manslaughter, for example. This could be what the prosecutor is saying, or they could be saying they are not confident of a conviction of the higher charge.
There will be NO appointment of another prosecutor, that would be nothing more than a pipe dream for this person, and the fight the person would go threw, well, the statute of limitations would long exspire on the felony. There has to be cases such as this.
I would doubt that the courts would give a public judgement allowing someone to compell a prosecutor, but you never know.
Usually one complains of them going to far, this is a case of sitting on his fat ass doing nothing, protecting a felon.

We really do need more info.

[Sharing Lights]

Originally Posted by Buzz Sawyer

SL: IT is simple. The prosecutor is protecting a felon. ....

Right there is a problem.

We have no knowledge besides hearsay what exactly happened
and why the individual did what did?

What exactly transpired step for step is unknown.

We can neither admit nor deny that he/she is
a felon at all?

Imagine, someone reversed the scenario
vs. you,
and gave some one an advice,
not, truly, knowing whether you are guilty or not?

[Buzz Sawyer]

Originally Posted by Sharing Lights

Right there is a problem.

We have no knowledge besides hearsay what exactly happened
and why the individual did what did?

What exactly transpired step for step is unknown.

We can neither admit nor deny that he/she is
a felon at all?

Imagine, someone reversed the scenario
vs. you,
and gave some one an advice,
not, truly, knowing whether you are guilty or not?

The problem seems that you don't have a clue on what to do? This is what I see.

Who gives a **** what happened, the question is, what to do about it. I dont' recall asking whether you feel a felony was comitted or not. The victims life was repeatedly threatened in front of several witness's. (After being almost beat to death) This is irrelevant to the question I possed.

If you don't know, don't respond or just say " I dont' know". It isn't a very hard question.

[Buzz Sawyer]

Originally Posted by robhalford88

We really do need more info.

Why? what possible good would it do? I explained, a felony was comitted, and they(police and prosecutor) are covering for the person.

I'm not getting into details over this, as it is moot. Even if you had all the facts, the question I have is the same. It won't help you to have more info for the fact it is MOOT!

Clearly, it was a complete waste of time asking on this site. I will move on and find a site that knows a little bit about the law, and is less concerned about the "dirty little details". I suppose if it were a woman who was raped, you'd be asking how big the guys cock was, how many times he went in and out, sick! All has nothing to do with what to do with a prosecutor who fails to do his job.

[robhalford88]

Originally Posted by Buzz Sawyer

Why? what possible good would it do? I explained, a felony was comitted, and they(police and prosecutor) are covering for the person.

I'm not getting into details over this, as it is moot. Even if you had all the facts, the question I have is the same. It won't help you to have more info for the fact it is MOOT!

Clearly, it was a complete waste of time asking on this site. I will move on and find a site that knows a little bit about the law, and is less concerned about the "dirty little details". I suppose if it were a woman who was raped, you'd be asking how big the guys cock was, how many times he went in and out, sick! All has nothing to do with what to do with a prosecutor who fails to do his job.

I don't know who you think I am, but I can only tell you what I think you SHOULD hear, not what you WANT to hear. I have had many runins with police and prosecutors, so I know there are many little tricks they pull. Think of this, your friend has been damaged, you want to help her. Would I be helping, or hindering, if I didn't do the BEST job that I could?
I have a guy right now on the verge of serving docs that I prepared who is indicted for drug dealing. I believe he is innocent and merely a pawn in a commercial transaction, the state wants his assets. You should see the details I got out of him. If you want the BEST answer I can give, you can't just expect me to guess. If it is a guess you want, I can't and won't help. I either do the job correctly, honourably and as quickly as possible for me, or I can't do it.