Private Prosecution
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A private prosecution is a
criminal In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
proceeding initiated by an individual
private citizen A private citizen is someone who does not have an official or professional role in a given situation. The same person may be a private citizen in one role, and an official in another. For example, a legislator is an official when voting in the leg ...
or private organisation (such as a
prosecution association A prosecution association was an organization of citizens, typically in the same community, who paid dues to cover one another's costs of private prosecution, privately prosecuting offenders should a crime be committed against them. These were p ...
) instead of by a public
prosecutor A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the ...
who represents the
state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
. Private prosecutions are allowed in many jurisdictions under
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
, but have become less frequent in modern times as most prosecutions are now handled by professional public prosecutors instead of private individuals who retain (or are themselves) barristers.


Australia

A private criminal prosecution for contempt of court can be commenced against a party in Australia in the Federal Circuit Court, the Family Court (and the Family Court of Western Australia – the only jurisdiction with a state based family court) or the supreme court of a state or territory. In the Family Court of Western Australia, an on-line form exists to commence such proceedings which can be downloaded, completed and filed. In the Supreme Court of Western Australia, either an originating summons (Form No.75 as is an ex-parte application) or originating motion (Form No.64) must be filed specifying the alleged contempt, and personally served on the alleged contemptor ''before'' a hearing before a judge sitting in chambers unless the court orders otherwise. If the alleged contempt occurred in relation to any specific case, the forms are required to be filed under the heading of the parties for that specific case; or if it is not alleged to have been committed with reference to a particular proceeding, shall be entitled “The State of Western Australia against” the contemnor (naming him) ex parte the applicant.


Belize

Belize is another jurisdiction where private prosecutions can be undertaken. In 2014, the private prosecution of politician Elvin Penner by a grass-roots citizens organization (COLA) over issuance of fraudulent passports was unsuccessful because the defense succeed in arguing that the private prosecutor did not have the power to subpoena police records on the case. An attorney for COLA indicated that the government didn't want prosecution of Penner undertaken, and acted to block its success.


Canada

Canada is a federation and therefore has both federal and provincial offences which can be privately prosecuted. Federally, there are criminal and statutory offences, and provincially there are provincial and municipal non-criminal offences. Under Canada's constitution, all criminal offences in Canada are under federal jurisdiction. The seditious conspirators in the Winnipeg General Strike of 1919 were tried by state-funded private prosecutors. The funds were disbursed from the War Appropriation Act and are evidenced in the Auditor-General's reports of 1921 and 1922.'Labour / Le Travail' Journal of the
Canadian Committee on Labour History The Canadian Historical Association (CHA; French ''Société historique du Canada'', SHC) is a Canadian organization founded in 1922 for the purposes of promoting historical research and scholarship. It is a bilingual, not-for-profit, charitable o ...

"Legal Gentlemen Appointed by the Federal Government: the Canadian State, the Citizens' Committee of 1000, and Winnipeg's Seditious Conspiracy Trials of 1919-1920" (Mitchell, 2004)
/ref> A committee chaired by Mr. Justice Allen Linden of the
Law Reform Commission of Canada The Law Commission of Canada was an independent law commission that gave advice to the Canadian government on matters of law. The body was created in 1971 as the Law Reform Commission of Canada and was disbanded in 1992. The body was reestablished ...
produced a Working Paper on Private Prosecutions in 1986.
UBC The University of British Columbia (UBC) is a public research university with campuses near Vancouver and in Kelowna, British Columbia. Established in 1908, it is British Columbia's oldest university. The university ranks among the top three ...
Law Professor (and later Dean) Peter T. Burns wrote a paper in 1975 for the McGill Law Journal entitled "Private Prosecutions in Canada: The Law and a Proposal for Change"; he was later the Principal Consultant for the Law Reform Commission. Swaigen, Koehl and Hatt in 2013 summarised efforts to prosecute privately torts in the environmental domain.


Criminal offence procedure for private charges

Very basically, a citizen or organisation approaches a justice of the peace to present evidence on each element of the alleged offence. The justice then sets up a hearing with a judge to determine whether there is evidence on each element of the offence, and if approved, and if the Crown does not intervene and terminate the charge (called staying the charge) then it is allowed to proceed to and go through court via the criminal procedure.


Provincial offence procedure for private prosecution

Each province in Canada deals with private prosecutions of provincial offences in their own way.


Ontario

In Ontario, the procedure for commencing a private prosecution for a provincial offence is governed by Part III of the ''Provincial Offences Act'', ss. 23(1) of which provides that, "Any person who, on reasonable and probable grounds, believes that one or more persons have committed an offence, may lay an information in the prescribed form and under oath before a justice alleging the offence and the justice shall receive the information." The laying of an information as described in Part III of the Act allows anyone to commence a prosecution for a provincial offence, whereas Parts I and II of the Act may only be used by a provincial offences officer.


France

There are three types of criminal offences in France: *Felonies (''crimes''), punishable by up to imprisonment for life; *Misdemeanours (''délits''), punishable by up to 10 years imprisonment (20 years for recidivists); *Petty offences (''contraventions''), punishable by criminal fine up to € (€ for recidivists). In France private prosecution is called ''citation directe'', and is possible only for misdemeanours and petty offences, if the victim has evidence of the offence. The court sits with either one or three judges, without jury (a jury is present only for felonies, see ''
cour d'assises In France, a ''cour d'assises'', or Court of Assizes or Assize Court, is a criminal trial court with original and appellate limited jurisdiction to hear cases involving defendants accused of felonies, meaning crimes as defined in French law. ...
''). In court, the private prosecutor sits alongside the public prosecutor as an accessory, and is merely called the "civil plaintiff" (''partie civile''), as French criminal courts also rule on tort claims during the same proceeding. Trials take place in this way even when the prosecution was initiated by the public prosecution office (which is far more usual than a private prosecution). The plaintiff and the accused are both represented by normal attorneys, sitting at the ground-level of the courtroom, while the public prosecutor, considered by French law as a magistrate, sits on a platform as the court, although he does not participate in their deliberations. The public prosecutor gives the court his opinion about the case after the plaintiff and before the defense. Eventually, the defendant may be convicted even if the public prosecutor requested acquittal. In France, appeal courts retry both facts and law. The accused may appeal a conviction and sentence, but the plaintiff can only appeal damages. He cannot appeal an acquittal or a more lenient criminal punishment, contrary to the public prosecutor, who can do this even if the prosecution was private. For felonies or when the plaintiff has insufficient evidence, he may refer to an investigating judge (''
juge d'instruction In an inquisitorial system of law, the examining magistrate (also called investigating magistrate, inquisitorial magistrate, or investigating judge) is a judge who carries out pre-trial investigations into allegations of crime and in some cases ma ...
'') who will investigate the case, and refer it to the trial court (in which he does not sit) if he discovers sufficient evidence of guilt. The investigating judge is independent from the public prosecutor's office, and may refer the case to the trial court even if the public prosecutor requested
non-suit A non-suit (British English) or nonsuit (American English) is a legal procedure. A plaintiff (or other person bringing a civil action, such as a petitioner) drops his or her suit, under certain circumstances that do not prevent another action being ...
. Indeed, French law allows some associations to instigate private prosecutions (similar to American private attorneys general), but only for some few offences such as racist speech. In 2013, this possibility has been added for some
white-collar crime The term "white-collar crime" refers to financially motivated, nonviolent or non-directly violent crime committed by individuals, businesses and government professionals. It was first defined by the sociologist Edwin Sutherland in 1939 as "a ...
s. If the defendant is convicted, the criminal court can sentence him to pay damages to the plaintiff for the criminal offence, and to reimburse his legal costs, in addition to the criminal punishment. But if the private prosecution or the referral to the investigating judge is regarded as abusive, the plaintiff may be sentenced to pay damages to the accused and a
civil fine A civil penalty or civil fine is a financial penalty imposed by a government agency as restitution for wrongdoing. The wrongdoing is typically defined by a codification of legislation, regulations, and decrees. The civil fine is not considered ...
to the state.


Ireland

Private prosecutions remain possible in the Republic of Ireland, though only at the District Court level where less serious offences are heard before a judge only. The continuing existence of the right to private prosecution was confirmed in 2013 in the decision of the case ''Kelly & anor -v- Ryan'' ( 013IEHC 321).


New Zealand

Private prosecutions remain legal in
New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
.


Philippines

Private prosecutors in the Philippines are private attorneys that work with police and public prosecutors to help bring criminal cases. They often work to get the location of a trial moved to more neutral court, outside of the influence of local power brokers, and to prepare the necessary legal petitions and other documents. They also help to look after the victim's family and keep media and public attention focused on the case. Private prosecutors can be involved in cases in front of the national anti-corruption court the
Sandiganbayan The Sandiganbayan ( en, Support of the Nation) is a special appellate collegial court in the Philippines that has jurisdiction over criminal and civil cases involving graft and corrupt practices and other offenses committed by public officer ...
.


Singapore

A private prosecution is brought by a private individual if want to seek redress for a wrong they believe has been done to them. That individual would have to first file a complaint with a Magistrate at the State Courts. If the person does not have a lawyer, it can be that individual may conduct the prosecution themselves.


South Africa


NSPCA South Africa

The NSPCA had its victory in the
Constitutional Court of South Africa The Constitutional Court of South Africa is a supreme court, supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was fi ...
on 8 December 2016 when the organisation won its case it brought before the Court to institute Private Prosecutions in terms of Section 8 of the
Criminal Procedure Act, 1977 The Criminal Procedure Act, 1977 (Act No. 51 of 1977) is an act of Parliament, act of the Parliament of South Africa that governs criminal procedure in South Africa, criminal procedure in Law of South Africa, South Africa's legal system. It detail ...
. This after the organisation lost its cases it brought before the
North Gauteng High Court The Gauteng Division of the High Court of South Africa is a superior court of law which has general jurisdiction over the South African province of Gauteng and the eastern part of North West province. The main seat of the division is at Pretoria, ...
and the
Supreme Court of Appeal of South Africa The Supreme Court of Appeal (SCA), formerly known as the Appellate Division, is an appellate court in South Africa. It is located in Bloemfontein, the "judicial capital" of South Africa. History On the creation of the Union of South Africa f ...
on the same matter of Private Prosecutions. The reason the NSPCA brought the case before the Courts is because despite “overwhelming” evidence of
animal cruelty Cruelty to animals, also called animal abuse, animal neglect or animal cruelty, is the infliction by omission (neglect) or by commission by humans of suffering or Injury, harm upon non-human animals. More narrowly, it can be the causing of harm ...
or abuse‚ the
National Prosecuting Authority of South Africa The National Prosecution Authority (NPA) is the agency of the South African government responsible for state prosecutions. Under Section 179 of the Constitution and the National Prosecuting Authority Act of 1998, which established the NPA in 199 ...
(NPA) declined to prosecute the cases brought by the organisation, resulting in animal abusers not being charged on charges of animal cruelty. The
Constitutional Court of South Africa The Constitutional Court of South Africa is a supreme court, supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was fi ...
also ruled that the Respondents, The Minister of Justice and Constitutional Development and the National Director of Public Prosecutions, were to pay the organisations costs in all three applications.


United Kingdom

Private prosecutions are permitted in the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
. They are governed by different rules in the different jurisdictions.


England and Wales

Private prosecution is allowed in
English law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, be ...
. In the early history of England, the victim of a crime and his family had the right to hire a private lawyer to prosecute criminal charges against the person alleged to have injured the victim. In the 18th century, prosecution was private for almost all criminal offences against the person, usually by the victim. One reason for this was that prosecution had never been conceived of as a public matter. The English system was based on the principles of individual and local prosecution in which the right of the private citizen was paramount. The exception to this norm was in offences where the victim was the Crown, and the
Attorney-General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
and the Solicitor-General represented the prosecution at
state trials In English law, the term ''state trials'' primarily denotes trials relating to offences against the state. In practice it is a term often used of cases illustrative of the law relating to state officers or of international or constitutional law. B ...
; for an example, see the 1637
ship money Ship money was a tax of medieval origin levied intermittently in the Kingdom of England until the middle of the 17th century. Assessed typically on the inhabitants of coastal areas of England, it was one of several taxes that English monarchs cou ...
tax protest case of
John Hampden John Hampden (24 June 1643) was an English landowner and politician whose opposition to arbitrary taxes imposed by Charles I made him a national figure. An ally of Parliamentarian leader John Pym, and cousin to Oliver Cromwell, he was one of th ...
. As detailed above, a route to prosecution had been by victims at their own expense or lawyers acting on their behalf. From the
Metropolitan Police Act 1829 The Metropolitan Police Act 1829 (10 Geo.4, c.44) is an Act of the Parliament of the United Kingdom, introduced by Sir Robert Peel, which established the London Metropolitan Police (with the exception of the City of London), replacing the previo ...
onwards, as the police forces began their present form, they began to take on the burden of bringing prosecutions against suspected criminals. In 1880, Sir John Maule was appointed to be the first
Director of Public Prosecutions The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members o ...
, operating as a part of the Home Office. The jurisdiction was only for the decision as to whether to prosecute, and just for a very small number of difficult or important cases. Once prosecution had been authorised, the matter was turned over to the Treasury Solicitor. Police forces continued to be responsible for the bulk of cases, sometimes referring difficult ones to the Director. Prior to its termination in 1933, criminal prosecution required a
true bill True most commonly refers to truth, the state of being in congruence with fact or reality. True may also refer to: Places * True, West Virginia, an unincorporated community in the United States * True, Wisconsin, a town in the United States * Tr ...
of indictment from the
grand jury A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a pe ...
, and so frivolous and vexatious proceedings were designed to be avoided at this stage (although this did not turn out to be the case in practice). In 1962, the Royal Commission on the Police recommended that police forces set up independent prosecution departments so as to avoid having the same officers investigate and prosecute cases. The Royal Commission's recommendation was not implemented by all police forces, and so in 1978 another Royal Commission was struck, this time headed by
Sir Cyril Philips Sir Cyril Henry Philips, FRAS (27 December 1912, Worcester – 29 December 2005, Swanage, Dorset), knighted in the 1974 New Years Honours List, was a noted British historian and academic director. Early life His father had worked as an engine ...
. It reported in 1981, recommending that a single unified
Crown Prosecution Service The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions. The main responsibilities of the CPS are to provide legal adv ...
with responsibility for all public prosecutions in England and Wales be set up. A White Paper was released in 1983, becoming the
Prosecution of Offences Act 1985 The Prosecution of Offences Act 1985 (c. 23) was an Act of Parliament in the United Kingdom. Its main effects were to establish the Crown Prosecution Service (CPS), to transfer the responsibility of prosecution of offences from the police to the ...
, which established the
Crown Prosecution Service The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions. The main responsibilities of the CPS are to provide legal adv ...
under the direction of the Director of Public Prosecutions, consisting of a merger of his old department with the existing police prosecution departments. It started operating in 1986. The CPS can also prevent a private prosecution from continuing by taking it over and then discontinuing it. The CPS supposedly will do this only where there is not enough evidence to make a proper case, or where a prosecution is against the public interest or could cause an injustice. In reaching this decision, it must balance the public good against a duty to preserve an individual's right to prosecute under the 1985 act. When taking over any private prosecution, the CPS may direct the police to conduct further investigations. The intention of this was to ensure the best available evidence was placed before the court, as further trials were generally excluded until 2003 by the
double jeopardy In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare case ...
rule. The latter rule was abrogated in certain circumstances of "new and compelling evidence", and for a limited range of the most serious offences such as
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...
,
armed robbery Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the perso ...
and
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
, by the
Criminal Justice Act 2003 The Criminal Justice Act 2003 (c. 44) is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland an ...
. Recommended by Blunkett,
Irvine Irvine may refer to: Places On Earth Antarctica *Irvine Glacier *Mount Irvine (Antarctica) Australia *Irvine Island *Mount Irvine, New South Wales Canada *Irvine, Alberta * Irvine Inlet, Nunavut United Kingdom *Irvine, North Ayrshire, Scotla ...
and
Goldsmith A goldsmith is a Metalworking, metalworker who specializes in working with gold and other precious metals. Nowadays they mainly specialize in jewelry-making but historically, goldsmiths have also made cutlery, silverware, platter (dishware), pl ...
, Also available fro
The Stationery Office
/ref> this change is permitted by the optional Article 4 of the Seventh Protocol to the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
, although the United Kingdom is not a party to it.


Scotland

Private prosecutions are rare in
Scots law Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland l ...
and require special circumstances surrounding the crime to be evident. Leave to prosecute must be obtained by granting of a bill of criminal letters by the
High Court of Justiciary The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Cou ...
. Within the 20th century, only two such applications were made.


United States

In colonial America, because of Dutch (and possibly French) practice and the expansion of the office of
attorney general In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
, public officials came to dominate the prosecution of crimes. However, privately funded prosecutors constituted a significant element of the state criminal justice system throughout the nineteenth century. The right to private prosecution in federal cases was removed following the 1981 Supreme Court decision in ''Leeke v. Timmerman'', affirming an earlier decision in '' Linda R. S. v. Richard D.''. However, a federal prosecutor may appoint a private attorney to prosecute a case. Elsewhere, private prosecution is governed by state laws.


California

Private prosecutions are not legal in California.


Colorado

In 1974, the
Colorado Supreme Court The Colorado Supreme Court is the highest court in the U.S. state of Colorado. Located in Denver, the Court consists of a Chief Justice and six Associate Justices. Powers and duties Appellate jurisdiction Discretionary appeals The Court p ...
ruled that private prosecutions were improper and prejudicial to the defendant.


Georgia

In
Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...
, criminal proceedings may be initiated at the request of a private citizen, but only after the defendant is given an opportunity to argue why he or she should not be charged.


Idaho

Idaho Idaho ( ) is a state in the Pacific Northwest region of the Western United States. To the north, it shares a small portion of the Canada–United States border with the province of British Columbia. It borders the states of Montana and Wyom ...
allows private citizens to file criminal complaints to a magistrate; the magistrate can issue an arrest warrant upon satisfaction that a crime has occurred.


Kentucky

Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia to ...
allows a private citizen to initiate criminal cases by filing criminal complaints, although it is up to the
county attorney In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a loc ...
or
Commonwealth's attorney In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a loc ...
to decide whether to proceed with the case.


Maryland

Maryland allows private citizens to file affidavits against another citizen.


Massachusetts

Private prosecutions in
Massachusetts Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...
were declared void in 1849 and formally outlawed in 1855.


Michigan

Michigan Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...
banned private prosecutions in 1875. Private citizens can however file and attest misdemeanor arrest warrants which if accepted by a judge or magistrate would be automatically transferred to a prosecuting attorney.


Minnesota

The
Minnesota Supreme Court The Minnesota Supreme Court is the Supreme court, highest court in the U.S. state of Minnesota. The court hears cases in the Supreme Court chamber in the Minnesota State Capitol or in the nearby Minnesota Judicial Center. History The court wa ...
ruled in 1977 in ''State ex rel. Wild v. Otis'' that a private citizen does not have a right to prosecute an alleged crime.


Missouri

The right to private prosecution in
Missouri Missouri is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it is bordered by eight states (tied for the most with Tennessee ...
was removed in 1976 following the decision in ''State v. Harrington''.


New Hampshire

New Hampshire New Hampshire is a U.S. state, state in the New England region of the northeastern United States. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...
allows private prosecution of any crime that does not carry incarceration as a possible penalty. However, prosecutors have the right to dismiss private criminal charges.


New Jersey

New Jersey continues to allow private prosecutions in its
Municipal Courts State court may refer to: Courts of constituent states of English-speaking federated states * State court (United States) * Judiciary of Australia#State and territory courts Courts of English-speaking unitary states * State Courts of Singapore N ...
. However, the 1995 decision of ''State v. Storm'' prohibited private prosecutions if the party intending to prosecute has a conflict of interest with the defendants or a financial interest in the case. Furthermore, state law states that all private prosecutions require approval of the county prosecutor and the court.


New York

In 2002, a federal district court concluded in ''Kampfer v. Vonderheide'' that private prosecutions were barred under New York law as a violation of the defendant's due process rights. However, in ''Kampfer'' the court distinguished, in dicta, private prosecutions where there is an "underlying civil cause of action" in relation to the events which gave rise to the prosecution.


North Carolina

Private prosecutors were used in
North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
as late as 1975. The court ruled in ''State v. Best'' in 1974 that an elected prosecutor must be in charge of all prosecutions. A private citizen may go before a magistrate to request that criminal process be issued, but any such charges are prosecuted by the State.


Ohio

Ohio Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...
state law allows private citizens to file an affidavit to support criminal charges. However, the actual prosecution is limited to the state. 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. Following the 2014
shooting of Tamir Rice On November 22, 2014, Tamir E. Rice, a 12-year-old African-American boy, was killed in Cleveland, Ohio, by Timothy Loehmann, a 26-year-old white police officer. Rice was carrying a replica toy gun; Loehmann shot him almost immediately upon arri ...
, activists attempted to invoke the law to charge the officers involved. But because prosecution is limited to the state, the judge could only send the case back to the prosecutor.


Pennsylvania

Private prosecutions in
Pennsylvania Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
require approval from a state prosecutor.


Rhode Island

In 2001, the
Rhode Island Supreme Court The Rhode Island Supreme Court is the court of last resort in the U.S. State of Rhode Island. The Court consists of a Chief Justice and four Associate Justices, all selected by the Governor of Rhode Island from candidates vetted by the Judicial No ...
ruled in ''Diane S. Cronan ex rel. State v. John J. Cronan'' that a private citizen could file criminal complaints for misdemeanors. In order to do so under R.I. Gen. Laws § 12-10-12, a judge of the district court or superior court must choose to place the criminal complaint on file. However, prosecution of felonies remains limited to the state. Private prosecutors also cannot seek penalties of greater than one year of incarceration or a fine of greater than $1,000.


South Carolina

The right was removed from
South Carolina )''Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = ...
law in the nineteenth century. However, private citizens may still initiate a criminal case by filing a request with a magistrate, although magistrates can issue only a summons in response to private criminal complaints.


Wisconsin

Private prosecutions in
Wisconsin Wisconsin () is a state in the upper Midwestern United States. Wisconsin is the 25th-largest state by total area and the 20th-most populous. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake M ...
were outlawed following the decision of ''Biemel v. State'' in 1855. In 1890, the court ruled that a private attorney can assist in a prosecution as long as there is no conflict of interest.http://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=1444&context=wlucdj


Controversy

Bruce L. Benson's ''
To Serve and Protect ''To Serve and Protect'', also known as ''Under Arrest'' on streaming services, is a Television in Canada, Canadian reality crime television series that shadows city police in Edmonton, Alberta, Winnipeg, Manitoba, Vancouver⁠, Penticton, New We ...
'' lauds the role of private prosecutors, often employed by
prosecution association A prosecution association was an organization of citizens, typically in the same community, who paid dues to cover one another's costs of private prosecution, privately prosecuting offenders should a crime be committed against them. These were p ...
s, in serving the needs of crime victims in England. There have been calls for restoring the practice of private prosecution, especially in cases of official misconduct, where judges, public prosecutors, and the police act in concert to violate the law. Some
libertarian Libertarianism (from french: libertaire, "libertarian"; from la, libertas, "freedom") is a political philosophy that upholds liberty as a core value. Libertarians seek to maximize autonomy and political freedom, and minimize the state's e ...
theorists hold that public prosecutors should not exist, but that crimes should instead be treated as civil
tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
s.
Murray Rothbard Murray Newton Rothbard (; March 2, 1926 – January 7, 1995) was an American economist of the Austrian School, economic historian, political theorist, and activist. Rothbard was a central figure in the 20th-century American libertarian m ...
writes, "In a
libertarian Libertarianism (from french: libertaire, "libertarian"; from la, libertas, "freedom") is a political philosophy that upholds liberty as a core value. Libertarians seek to maximize autonomy and political freedom, and minimize the state's e ...
world, there would be no crimes against an ill-defined 'society,' and therefore no such person as a 'district attorney' who decides on a charge and then presses those charges against an alleged criminal." Private prosecution is sometimes regarded with suspicion as a potential avenue for vexatious or
malicious prosecution 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 ...
. Okagbue writes that the most useful control against such abuses is the power of the court to refuse to allow the case to proceed where it is of the opinion that there is not enough evidence to support the charge. The cost of private prosecution, including potential civil liability for malicious prosecution, can also deter frivolous prosecutions.


Notable private prosecutions

*
Oscar Wilde Oscar Fingal O'Flahertie Wills Wilde (16 October 185430 November 1900) was an Irish poet and playwright. After writing in different forms throughout the 1880s, he became one of the most popular playwrights in London in the early 1890s. He is ...
initiated an unsuccessful private prosecution for
libel Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
against the
Marquess of Queensberry Marquess of Queensberry is a title in the Peerage of Scotland. The title has been held since its creation in 1682 by a member of the Douglas family. The Marquesses also held the title of Duke of Queensberry from 1684 to 1810, when it was inh ...
when the latter publicly accused Wilde of
sodomy Sodomy () or buggery (British English) is generally anal or oral sex between people, or sexual activity between a person and a non-human animal ( bestiality), but it may also mean any non- procreative sexual activity. Originally, the term ''sodo ...
, which was then a crime. This was unsuccessful, and Wilde himself ended up facing charges brought by the DPP (following petition by Queensberry’s lawyer) and was ultimately convicted of
gross indecency Gross indecency is a crime in some parts of the English-speaking world, originally used to criminalize sexual activity between men that fell short of sodomy, which required penetration. The term was first used in British law in a statute of the Br ...
, with a punishment of two years at hard labor. *''
Whitehouse v. Lemon ''Whitehouse v Lemon'' is a 1977 court case involving the blasphemy law in the United Kingdom. It was the last successful blasphemy trial in the UK. Facts James Kirkup's poem ''The Love that Dares to Speak its Name'' was published in the 3 Jun ...
'' (1977) was the last successful
blasphemy Blasphemy is a speech crime and religious crime usually defined as an utterance that shows contempt, disrespects or insults a deity, an object considered sacred or something considered inviolable. Some religions regard blasphemy as a religiou ...
prosecution in the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
. *In 1995
Women Against Rape Women Against Rape (WAR) is a UK organisation founded in 1976. In their original Statement of Aims, they demanded: recognition of rape of every kind; not just by strangers but by husbands, fathers and stepfathers. They demanded that every woman ...
, together with Legal Action for Women and the
English Collective of Prostitutes The English Collective of Prostitutes (ECP) is a campaigning group which supports the decriminalisation of prostitution, sex workers' right to recognition and safety, and the provision of financial alternatives to prostitution so that no one ...
, helped two women bring the first private prosecution for rape in England and Wales after the prosecuting authority refused to prosecute. They went to court without the Crown Prosecution Service (CPS). On the same evidence the CPS had said was insufficient, the man was given a 16 year sentence, reduced to 11 years on appeal. This trial was made into a play ''Pursuing Justice – Sex workers take their rapist to court'', which was performed in 2015 to sell-out audiences.Play Pursuing Justice http://againstrape.net/example-video-post-ii *The family of
Stephen Lawrence Stephen or Steven is a common English first name. It is particularly significant to Christians, as it belonged to Saint Stephen ( grc-gre, Στέφανος ), an early disciple and deacon who, according to the Book of Acts, was stoned to death; h ...
brought charges against the five men they alleged had killed him (1996). The private prosecution was unsuccessful; one suspect's acquittal in the criminal trial was quashed in 2011, with a subsequent trial resulting in his and another suspect's conviction in 2012.


See also

*
Lawsuit - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
*
Private attorney general A private attorney general is an informal term originating in common law jurisdictions for a private attorney who brings a lawsuit claiming it to be in the public interest, i.e., benefiting the general public and not just the plaintiff, on behal ...
*
Criminal appeal An "appeal" was a procedure in English law to bring about a prosecution by a private party of an individual accused of a heinous crime. Generally " n appealis derived from the French, ‘appeller ’...which signifies to call upon, summon or chall ...


References


External links

*''
The Guardian ''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Gu ...
'', 28 July 2009
Can a member of the public bring a prosecution against the prime minister?


Constitutional Law Prof Blog, May 24, 2010. *
Brief for petitioner Robertson
*
Brief for respondent Watson

Plea bargains and private prosecutors
James Bickford, SCOTUSblog, April 2, 2010.
Private Prosecution: A Remedy for District Attorneys' Unwarranted Inaction
nsignedThe Yale Law Journal Vol. 65, No. 2 (Dec., 1955), pp. 209–234.
Delegation of the Criminal Prosecution Function to Private Actors
Roger A. Fairfax, Jr., ''U.C. Davis Law Review'', Vol. 43:411. *''
The Independent ''The Independent'' is a British online newspaper. It was established in 1986 as a national morning printed paper. Nicknamed the ''Indy'', it began as a broadsheet and changed to tabloid format in 2003. The last printed edition was publis ...
'', 16 August 2014
Two-tier justice: Private prosecution revolution

Lexology.com: Why, how and when to bring a private prosecution for design right infringement!
{{Authority control Prosecution