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> the state prosecutor decides who to charge with a crime, regardless what purported victims think. So state prosecutor can simply drop the charges if she feel

> the state prosecutor decides who to charge with a crime, regardless what purported victims think. So state prosecutor can simply drop the charges if she feels like it? in usa people have the right to jury trial. Seems really unfair that prosecutor can unilaterally simply drop your case, wonder why its that way.

whamlastxmas 7y ago
In the US, any alleged victims can sue in civil court, separate from any criminal charges
favorited 7y ago
This is absolutely no different than in the US. A government prosecutor needs to press criminal charges. The accused has the right to a jury trial. An alleged victim has no such right.
- mikl 7y ago
  Ok, maybe I’ve seen too many movies, but I had the impression that at least for some crimes (misdemeanors?) the victim can opt to not "press charges"?
  - favorited 7y ago
    Nope, though it is a common TV trope. In the US, there's a concept known as "prosecutorial discretion," and it refers to the fact that prosecutors have nearly absolute authority over what charges are brought. There are limits to this, but they are extremely rare. For example the Supreme Court has held repeatedly that a prosecutor can't base their decision on race or religion because it would violate the 5th Amendment.
    - Gibbon1 7y ago
      Yeah they can decide for any reason except prohibited reasons.
  - SamReidHughes 7y ago
    There is such a thing as a private prosecution: https://en.wikipedia.org/wiki/Private_prosecution https://en.wikipedia.org/wiki/Private_prosecution
mikl 7y ago
I don’t know all the details of the Swedish system, but governments over here are generally much more centralised than you’re used to from the U.S. Prosecutors are generally not independent, but work for some arm of the justice ministry and as government officials are subject to abuse of power laws, so they can be punished for mishandling cases. That’s the theory, at least. In practise, it’s not always that transparent what’s going on.
erikpukinskis 7y ago
That’s not true, in the U.S., the DA has complete authority to decide whether to file charges. You have no right to a trial until after you are charged. You can file a civil suit to get a judge to make declarations of fact in some cases, but I don’t believe there is any criminal equivalent of that.
- dominotw 7y ago
  yea. I was mistaken. thanks.

whamlastxmas 7y ago

In the US, any alleged victims can sue in civil court, separate from any criminal charges

favorited 7y ago

This is absolutely no different than in the US. A government prosecutor needs to press criminal charges. The accused has the right to a jury trial. An alleged victim has no such right.

mikl 7y ago
Ok, maybe I’ve seen too many movies, but I had the impression that at least for some crimes (misdemeanors?) the victim can opt to not "press charges"?
- favorited 7y ago
  Nope, though it is a common TV trope. In the US, there's a concept known as "prosecutorial discretion," and it refers to the fact that prosecutors have nearly absolute authority over what charges are brought. There are limits to this, but they are extremely rare. For example the Supreme Court has held repeatedly that a prosecutor can't base their decision on race or religion because it would violate the 5th Amendment.
  - Gibbon1 7y ago
    Yeah they can decide for any reason except prohibited reasons.
- SamReidHughes 7y ago
  There is such a thing as a private prosecution: https://en.wikipedia.org/wiki/Private_prosecution https://en.wikipedia.org/wiki/Private_prosecution

mikl 7y ago

I don’t know all the details of the Swedish system, but governments over here are generally much more centralised than you’re used to from the U.S. Prosecutors are generally not independent, but work for some arm of the justice ministry and as government officials are subject to abuse of power laws, so they can be punished for mishandling cases. That’s the theory, at least. In practise, it’s not always that transparent what’s going on.

erikpukinskis 7y ago

That’s not true, in the U.S., the DA has complete authority to decide whether to file charges. You have no right to a trial until after you are charged. You can file a civil suit to get a judge to make declarations of fact in some cases, but I don’t believe there is any criminal equivalent of that.

dominotw 7y ago
yea. I was mistaken. thanks.