Search results
Results From The WOW.Com Content Network
In Blackledge, the prosecutor increased the severity of a defendant's charge—from misdemeanor to felony—after the defendant moved for a trial de novo. [6] In finding a due process violation, the court evinced a concern that fear of prosecutorial vindictiveness would have a chilling effect on a defendant's willingness to exercise his rights.
Martin, as interim U.S. attorney, oversaw the dismissal of all pending criminal cases tied to the Jan. 6, 2021, attack on the U.S. Capitol following a directive from Trump.
In jurisprudence, prosecutorial misconduct or prosecutorial overreach is "an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropriate punishment." [1] It is similar to selective prosecution. Prosecutors are bound by a set of rules ...
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) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.
“My concern is that the state Supreme Court should not solve a King County problem and effectively create chaos here in Benton County.”
Griffin v. California, 380 U.S. 609 (1965), was a United States Supreme Court case in which the Court ruled, by a 6–2 vote, that it is a violation of a defendant's Fifth Amendment rights for the prosecutor to comment to the jury on the defendant's declining to testify, or for the judge to instruct the jury that such silence is evidence of guilt.
A veteran city prosecutor filed a legal claim on Thursday accusing her boss, Los Angeles City Atty. Hydee Feldstein Soto, of retaliating against her for reporting "legaland ethical violations ...
Thompson v. Clark, 596 U.S. ___ (2022), was a United States Supreme Court case concerning whether a plaintiff suing for malicious prosecution must show that they were affirmatively exonerated of committing the alleged crime.