Grand jury

Date: 2015-10-07; view: 426.

Private prosecution

The decision to prosecute

A formal accusation is universally regarded as an indispensable prerequisite for a criminal trial. It is typically the public prosecutor who, on the basis of the results of the investigation, determines whether to file a complaint and for which offense to bring charges.

Private citizens, such as the victim of the offense, are not generally permitted to institute a criminal action, though the law on this point differs among jurisdictions. In the United States private criminal complaints are practically impossible. In England anyone can institute criminal proceedings for most offenses, but the director of public prosecutions can take over and discontinue prosecution at any time. In Germany citizens can prosecute only for certain minor offenses such as libel and assault. In France victims of crime can combine criminal prosecution with civil claims for damages.

In many countries victims can prevent prosecution for certain offenses — e.g., assault, libel, and some sexual offenses — by not filing a special request for public prosecution.

In the federal system of the United States, and in about half of the state systems, charges are brought not by the public prosecutor but by the grand jury, a group of 12 to 23 citizens selected by lot. The grand jury also has investigative authority, and it is to serve as a protective shield against unwarranted prosecution. In practice, however, grand juries are usually dominated by the public prosecutors, who are responsible for presenting the evidence to them.