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Prosecutor. Typically required to be authorised to practice law in the jurisdiction, law degree, in some cases a traineeship. A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in civil law.
Selective prosecution. In jurisprudence, selective prosecution is a procedural defense in which defendants argue that they should not be held criminally liable for breaking the law because the criminal justice system discriminated against them by choosing to prosecute. In claims of selective prosecution, defendants essentially argue that it is ...
Prosecutorial vindictiveness. Prosecutorial vindictiveness occurs where a prosecutor retaliates against a defendant for exercising a constitutional or statutory right by increasing the number or severity of the charges against him. [1][2] The United States Supreme Court has held prosecutorial vindictiveness to constitute a violation of a ...
A private criminal prosecution for contempt of court can be commenced against a party in Australia in the Federal Circuit Court, the family court (that is, the Family Court of Western Australia, as it is the only jurisdiction with a state-based family court) or the supreme court of a state or territory.
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.
Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other crimes, and moral support for victims. The primary institutions of the criminal justice system are the ...
Prosecutorial discretion. In common law, the principle of prosecutorial discretion allows public prosecutors a wide latitude to decide whether or not to charge a person for a crime, and which charges to file. [1] A similar principle in continental law countries is called the principle of opportunity. There is a divide between countries where ...
Prosecutorial misconduct. 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.