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Law · Criminal justice |
Nolle prosequi is a Latin legal phrase meaning "do not pursue. A plea bargain (also plea agreement, plea deal or copping a plea) is an agreement in a Criminal case whereby the Prosecutor offers A presentence investigation report ( PSI) is a Legal term referring to the investigation into the history of person convicted of a crime before sentencing to determine The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e Civil procedure is the body of law that sets out the process that Courts will follow when hearing cases of a civil nature (a " Civil action " as opposed to A number of Latin terms are used in legal terminology and Legal maxims This is a partial list of these "legal Latin" terms which are wholly or substantially " It is the term used in many common law criminal jurisdictions to describe a prosecutor's application to discontinue criminal charges before trial, or up until, but before verdict. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Criminal jurisdiction is a term used in Constitutional law and Public law to describe the power of Courts to hear a case brought by a state accusing The prosecutor is the chief legal representative of the prosecution in countries with either the Common law Adversarial system, or the civil law The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential In Law, a verdict is the formal finding of fact made by a Jury on matters or questions submitted to the jury by a judge [1]
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Explanation
Generally, the application to "nolle" or "nol pros" a case is made after the filing of an information or indictment, when the prosecutor representing the state's interest is of the opinion that an adjudication of the charges is not in the interest of the public and/or that the available and admissible evidence is not sufficient to satisfy a jury beyond reasonable doubt. In the Common law legal system an indictment (ɪnˈdaɪtmənt (in-DITE-mint is a formal accusation of having committed a criminal offense The term State has several meanings in law in Private international law and Conflict of laws, State can refer to a well-defined jurisdiction with its own set Burden of proof (onus probandi is the obligation to prove Allegations which are presented in a Legal action. In most circumstances, the court with jurisdiction to hear the case must adjudicate on the application for nolle prosequi, thus finding the defendant not guilty of all charges. To determine where the public interest lies, more often than not, a motion for "nolle prosequi" indicates that the prosecution does not want to pursue the case any further (be it a civil and/or criminal case). In the essence of the United States' jurisprudence, this motion is usually filed due to the innocence of the defendant, hence, "innocent until proven guilty. " In a reasonable court of law, a motion for "nolle prosequi" is only granted if it is concluded the defendant is indeed innocent. In conclusion, this means the prosecution knows it does not have enough evidence (or any evidence) that a crime has been committed, and therefore must consider the accused/defendant innocent. The charges can be reinstated if new information comes to light or the circumstances of the case change during a given period of time, typically 13 months.
The frequency with which this arises depends on the nature of the administrative system in place for vetting allegations of crime before charges are laid. In some states, there is a highly centralized system. Thus, in England and Wales, the Crown Prosecution Service is the principal prosecuting authority, and is responsible for advising the police on cases for possible prosecution and reviewing all cases submitted by the police. History The Roman occupation of Britain was the first period in which the area of present-day England and Wales was administered as a single unit (with the exception The Crown Prosecution Service, or CPS, is a non-ministerial department of the Government of the United Kingdom responsible for public Prosecutions The CPS makes the decision whether to prosecute, and determines the charge in all but minor cases. In other states, charges may be laid by the police or junior prosecutors. The ability of a senior prosecutor to seek a nolle prosequi is therefore most important because it provides a "roadblock" to vexatious prosecutions and protects civil liberties. Vexatious litigation is legal action which is brought regardless of its merits solely to Harass or subdue an Adversary. thumb| |Broken Liberty Istanbul Archaeology Museum Civil liberties are freedoms that protect the Individual from the Government.
Further, in many states, citizens have the right to prefer criminal charges as a private prosecution. A private prosecution is a criminal or Provincial offence case initiated by an individual or organization other than the state-funded Prosecutor. In such cases, the state has the right to review the evidence in advance of the trial and to determine whether the case should be allowed to go forward. Apart from the issue of vexatiousness, one key factor may be the issue of double jeopardy. Double jeopardy (non bis in idem is a Procedural defense (and in many countries such as the United States, Canada, Mexico and India Once acquitted, a defendant cannot be tried a second time on the same charges. In Criminal law, an acquittal is a verdict of not guilty, or some similar end of the proceeding that terminates it with prejudice without a verdict Private citizens do not have access to the police and other specialised investigation services. Police are agents or agencies usually of the executive, empowered to enforce the law and to effect public and social order through the legitimatized use of force The evidence collected may therefore be inadequate to secure a conviction. In Law, a conviction is the Verdict that results when a Court of law finds a Defendant guilty of a Crime. So long as a jury trial has not commenced, the judgment on an application for nolle prosequi is not an adjudication on the merits of the prosecution, and so the charges may be brought again when more evidence has been collected. In non-legal contexts a judgment is a balanced weighing up of evidence preparatory to making a decision
In some common law states, the ultimate right of supervision over the prosecutorial system lies with the DPP (Director of Public Prosecutions). The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several Criminal jurisdictions around the world He or she will decide if the evidence is sufficient to justify a prosecution and provides an automatic check and balance to prevent cases of little merit proceeding.
Even though the power of prosecution is given to independent prosecutors such as the DPP or the CPS, the ultimate authority to prosecute or not to prosecute lies with a government minister (e. g. the Attorney-General). In most Common law jurisdictions the Attorney General, or Attorney-General, is the main legal advisor to the government and in some jurisdictions may in addition The government may choose at any time to discontinue a prosecution, if in its view the prosecution is against the public interest.
It should also be noted that when a plea bargain is made to a lesser charge or less counts the term nolle prosequi is used. This does not mean that the defendant is not guilty of these charges, nor does it mean that the defendant has been tried and found not guilty. It means that the state has determined to save tax payers money by not taking the case to trial and the defendant has accepted a lesser charge which grants him/her a guarantee of a lesser sentence.
Notable cases
In 1957 suspected serial killer John Bodkin Adams, who worked in Eastbourne, Great Britain, was tried for the murders of two elderly widows, Edith Alice Morrell and Gertrude Hullett. Year 1957 ( MCMLVII) was a Common year starting on Tuesday (link displays the 1957 Gregorian calendar) A serial killer is a person who Murders usually three or more people with a "cooling off" period between each murder and whose motivation for killing is largely based John Bodkin Adams ( January 21, 1899 &ndash July 4, 1983) was an Irish-born British General practitioner, convicted Eastbourne ( is a large town and borough of East Sussex, on the south coast of England with an estimated population of 94816 as of 2007 See also Kingdom of Great Britain Great Britain (Breatainn Mhòr Prydain Fawr Breten Veur Graet Breetain is the larger of the two main islands Edith Alice Morrell (1868 – 13 November 1950) was a resident of Eastbourne and patient of the suspected Serial killer John Bodkin Adams Gertrude "Bobby" Hullett (1906 &ndash July 23, 1956) a resident of Eastbourne, East Sussex, England, was a patient of When he was found not guilty of killing the former, Attorney-General, Sir Reginald Manningham-Buller controversially entered a nolle prosequi regarding the latter charge. Reginald Edward Manningham-Buller 1st Viscount Dilhorne KC PC ( August 1, 1905 - September 7, 1980) was as the 1st Not only was there seemingly little reason to enter it (Adams wasn't suffering from ill health), the Hullett charge was deemed to be the stronger of the two cases. Lord Justice Patrick Devlin, the presiding judge, in his post-trial book termed this "an abuse of power". Patrick Devlin may refer to Pat Devlin (American football - American football quarterback Penn State University Patrick Devlin Baron Devlin [2] Detective Superintendent Herbert Hannam of Scotland Yard, the chief investigator, suspected political interference,[3] and Home Office pathologist Francis Camps suspected Adams of killing 163 patients. Detective Superintendent Herbert Hannam (d 1983 was a British policeman who worked for Scotland Yard. New Scotland Yard or Scotland Yard, informally known as The Yard and NSY, is the headquarters of the Metropolitan Police Service, responsible The Home Office is the United Kingdom government department responsible for security and order Francis Edward Camps, MD FRCP FRCPath DTM & H DMJ ( 28 June 1905 &ndash 8 July 1972) was a famous British [3]
Notes
- ^ A nolle prosequi can be entered at any time after the indictment or information has been signed and before verdict: R v Dunn (supra); R v Colling (1847) 2 Cox CC 184; R v Sneesby (1951) St R Qd 26; R v Economou (1989) 51 SASR 421; R v Heald (1979) Tas R 185 source: R v Michael Charles Baenisch SASC 5679 (28 June 1996) para. 12
- ^ Devlin, 1985
- ^ a b Cullen, 2006
- Courts seldom adjudicate on the application for nolle prosequi. Instead, courts typically sign an order prepared by the prosecution or make a docket entry reflecting the case has been "nolle pros'ed. "
See also
Confession of judgment: When used by the Solicitor General of the United States, it has the same effect as a nolle prosequi, but may be used in civil suits as well. Confession of judgment, in Law, is a legal term with two meanings The United States Solicitor General is the individual appointed to argue for the Government of the United States in front of the Supreme Court of the United States
References
- Cullen, Pamela V. (2006) A Stranger in Blood: The Case Files on Dr John Bodkin Adams, London : Elliott & Thompson, ISBN 1-904027-19-9
- Devlin, Patrick (1985) Easing the Passing : the trial of Dr John Bodkin Adams, London : The Bodley Head, ISBN 0-370-30627-9
Dictionary
nolle prosequi
-noun
- (law) a declaration that a civil or criminal prosecution will not proceed
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