
09-11-2007, 06:09 PM
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Come and Get Some!
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Join Date: Apr 2005
Location: Pennsylvania republic
Posts: 1,453
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Get A CLUE
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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?)
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I guess this guy never heard of double jeopardy. If the individual was prosecuted and aquitted, the prosecution cannot charge the person over the same EVENT!
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Originally Posted by Akira-
NDUSA,
You can't change your life by changing your name...
Buzz Sawyer 209.115.232.65
DAYWALKER 209.115.232.65
dochendrix 209.115.232.65
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ndusa 209.115.232.65
theincubus 209.115.232.65
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Buzz Sawyer 67.159.45.52
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Good work. Nuf' said.
__________________
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual."
-- Thomas Jefferson
It is dangerous to be right when your government is wrong. -Voltaire
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Last edited by BOBT12 : 09-11-2007 at 06:19 PM.
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