Also known as: prosecutes · prosecuted · prosecuting · prosecution · prosecutions · prosecutor · prosecutors · prosecutable · prosecutrix · plaintiff · state's attorney
Written by attorneys · grounded in primary & secondary sources — see below
A legal proceeding in which a party initiates and carries forward an action against another in court. The term is used both for criminal charges brought by the government and for civil suits brought by private plaintiffs.
Pedro Pacheco and Piper Patel agreed to commit arson but took no further steps. The prosecutor decided to prosecute based solely on the agreement itself. The court allowed the case to proceed without requiring proof of an overt act.
Prime Logistics held the note on a commercial property after Pioneer Energy defaulted. Prime Logistics filed suit to prosecute the foreclosure and joined all junior lienholders as required. The court proceeded only after confirming proper notice to every necessary party.
Portia Price faced federal charges and demanded a speedy trial under the Sixth Amendment. The government moved to prosecute the case promptly to avoid dismissal. The district court set an early trial date to satisfy the constitutional guarantee.
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Paragon Construction faced multiple similar claims from property owners. The court evaluated whether class members would prefer to prosecute separate actions before certifying the class. Finding individual control interests strong, the court declined certification under Rule 23(b)(3)(A).
Peter Park stood trial for assault and offered evidence of the alleged victim's violent character. The prosecutor then sought to prosecute by introducing rebuttal evidence of the defendant's same trait. The court admitted the rebuttal under the rule's exception.
Phuong Pham filed a derivative action against Prism Analytics directors. The board determined that maintaining the suit was not in the corporation's best interests. To continue prosecuting the claim, Pham had to allege with particularity that the board's determination failed the statutory requirements.
A prosecutor weighs the strength of the evidence, the seriousness of the offense, and available resources. Policy considerations such as deterrence and victim impact also influence the choice. The decision is discretionary but subject to constitutional limits on selective or vindictive prosecution.
Supporting sources
The Sixth Amendment guarantees a speedy trial once a prosecution begins. It requires that the accused receive notice of the charges and the opportunity to confront witnesses. These protections apply from the initiation of adversarial proceedings.
A defendant may introduce evidence of an alleged victim's pertinent trait in a criminal case. Once admitted, the prosecutor may rebut with evidence of the defendant's same trait. The rule is subject to limitations such as Rule 412 in sexual-misconduct cases.
…to present an actual case or controversy. Pp. 127-129. (c) The physician-appellant Hallford, who is under two pending prosecutions for violating the Texas abortion laws, has standing to challenge the facial validity of those laws. A physician who is faced with the risk of criminal prosecution for violation of a statute…