When can the state / nation prosecute even though no charges have been filed by the victim?
If someone confesses a crime to the police but there is no evidence, can the state / nation still prosecute?
2006-11-01 17:40:21 · 7 answers · asked by Zigga 2 in Politics & Government ➔ Law Enforcement & Police
Nope! In the U.S., our law requires something called "habeus corpus", or "the body of" the crime in question.
The State may bring charges against an individual by producing the body of evidence involved in the crime. It requires no participation by the victim. So, even if you kidnap your own child from your ex-wife in another state, and when the FBI catches you, she doesn't want to press charges, the State will still bring charges against you.
The State must produce evidence of some sort or anther in order to have someone tried for a crime. Charges can be filed, arrests made, but when the judge examines the body of evidence (the habeus corpus) they'll either grant a hearing or throw it out and give the D.A. a good butt-chewing for wasting their time.
2006-11-01 17:48:31 · answer #1 · answered by roberticvs 4 · 3⤊ 1⤋
There never hased to be a charge by the victim if its not a suit. As far as prosecution is concerned the victim is a witness. the only time charges have to be filed is when there is suit. person vs. person like the cases being held against cigarette companies.
as for the second part i think they can prosecute but they dont have much of a chance except for mabey insanity. they could get whoever conffesed into an assylum.
2006-11-01 17:46:11 · answer #2 · answered by Anonymous · 1⤊ 1⤋
Yes, they can do it by getting an officer to press charges. Especially a violent crime. The victim can sometimes plead for the person to not be charged and the police or the DA can still press charges.
2006-11-01 18:03:38 · answer #3 · answered by AveGirl 5 · 0⤊ 1⤋
If the crime is violent, the state will file charges, regardless of the victim's wishes.
2006-11-01 17:44:25 · answer #4 · answered by Anonymous · 1⤊ 0⤋
If there are no charges and no evidence would it not stand to reason there is no crime?
2006-11-02 06:27:11 · answer #5 · answered by mark_grvr 3 · 0⤊ 0⤋
The case will NEVER reach court .No covincing evidence, no conviction, so no prosecutors is going to take this to court, and wind up with egg on his face, and be labeled an incompetent.
2006-11-01 22:51:27 · answer #6 · answered by WC 7 · 0⤊ 0⤋
Nope...
They'll be banging their heads on the wall for nothing
2006-11-02 00:19:08 · answer #7 · answered by Anonymous · 0⤊ 0⤋