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An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action.
Prosecutors have asked judges to stop using the term to refer to an unintentional error, and to restrict its use to describe a breach of professional ethics. E. Norman Veasey, the chief justice of Delaware Supreme Court, answered one such request in 2003 by noting the term's extensive use in rulings over the past 60 years. "We believe it would ...
Judicial misconduct occurs when a judge acts in ways that are considered unethical or otherwise violate the judge's obligations of impartial conduct.. Actions that can be classified as judicial misconduct include: conduct prejudicial to the effective and expeditious administration of the business of the courts (as an extreme example: "falsification of facts" at summary judgment); using the ...
Obstruction of justice is an umbrella term covering a variety of specific crimes. [1] Black's Law Dictionary defines it as any "interference with the orderly administration of law and justice". [ 2 ] Obstruction has been categorized by various sources as a process crime , [ 3 ] a public-order crime , [ 4 ] [ 5 ] or a white-collar crime .
Eric Smith is a former Macomb County Prosecutor and convicted criminal. [2] He resigned on March 30, 2020, after criminal charges were filed against him. [3]Smith had also gained national notoriety in 2007 due to the Tara Grant murder case, which Smith personally prosecuted.
The Michigan prosecutor who won convictions against the mother and father of teenage school shooter Ethan Crumbley said Friday her goal was not to ensure that the sins of other criminally ...
In the United States, the principle of discretion grants public prosecutors and police significant latitude in deciding whether to charge someone with a crime and which charges to file. Therefore, the mere fact that a law is selectively enforced against one person and not against another, absent bias or pattern of enforcement against a ...
Carlos Torres, 40, was convicted in May 2022 by a Lenawee County Circuit Court jury of sexually abusing a girl who was 11 or 12 when the abuse began.