Sometimes I read about a victim of, say, assault or rape "declining to press charges", and the criminal therefore not being prosecuted. Isn't it a prosecutor who decides whether to bring a criminal suit? Is it the case that prosecutors generally think they can't get a conviction without the cooperation of the victim; or that they are powerless without a crime being reported; or am I perhaps being fooled by a literary device that no longer reflects actual practice? I seem vaguely to know that in some cases like spousal or child abuse, people other than the victim can report the crime, thus presumably giving the prosecutor something to work with. This was no doubt untrue at some point in the past; perhaps that's where the "declining to press charges" thing comes from?
Posted by Blayne Bradley (Member # 8565) on :
My understanding of law as it generally pertains to Canada and the United States is that the Prosecutor represents "The People" (Or the Crown in Canada, and the Crown is the State which is the People etc) and that there's a social interest to prosecute and pursue on society's behalf as a whole even if the individual harmed for a variety of reasons decides not to.
I think the individual pressing charges has more to do to upholding your civic duty of bringing the crime to the People's attention.
Posted by MattP (Member # 10495) on :
As I understand it, it's a matter of convenience and convention rather than law. If the victim is not willing to cooperate in the prosecution of the perpetrator of the crime, it may be impractical to prosecute. Some states have laws on the books that require that certain allegations be pursued regardless of the victim's willingness to cooperate. Domestic violence cases, for instance.
Posted by rivka (Member # 4859) on :
quote:Originally posted by King of Men: Is it the case that prosecutors generally think they can't get a conviction without the cooperation of the victim
In most cases, it's this. After all, if the victim of an assault or rape refuses to testify, you usually won't have much of a case. Sometimes there is medical evidence, and more and more rape cases have been taken to trial without witness testimony.