4 ms·

TIL: Irish private citizens can file criminal suits. i wish the US had that. The FBI only cares about big fish and does not mess with corporations that help it

by _8j50 3y ago

TIL: Irish private citizens can file criminal suits. i wish the US had that. The FBI only cares about big fish and does not mess with corporations that help it with other high value investigations (e.g.: don't mess with ISPs that let them spy on possible terrorists, even if they are breaking a lot of laws).

dmurray 3y ago
> TIL: Irish private citizens can file criminal suits. i wish the US had that. They cannot. Making a complaint is just reporting an alleged crime. This is exactly the same process as if your house was burgled and you can identify the burglars. It would normally be confidential, but in this case it was made by a "privacy activist" who publicised it himself. The Gardai and the DPP (prosecutor) make the decision to prosecute or not. If (when) they decide to drop the case, the activist can follow up to get a statement in writing about why the DPP determined it wasn't worth a criminal prosecution. That's all he's likely hoping to get out of this. The US, on the other hand, does have private criminal prosecutions in many jurisdictions, but they aren't very common or effective.
- Obscurity4340 3y ago
  Kaplan v DA lol
- _8j50 3y ago
  Thanks for clearing that up. It's very unfair when prosecutors refuse to prosecute and you are the victim. The burden of justice is transfered then to the victim to run a campaign against the DA and at best he loses an election, the original wrong is still not righted! It should fall upon a jury or grand jury to reject an indictment. Short of that, the victim must be allowed to present evidence of a crime before a judge, where the prosecutor has refused to prosecure. if there is merit the why shouldn't there be a prosecution? At least for crimes where there is an actual victim. This idea that financial compensation is enough is ludicrous.
meepmorp 3y ago
Some US states do allow private criminal prosecution. New Jersey allows them with approval of a judge and prosecutor. Other states allow private citizens to file charges directly with a magistrate - I think maybe Wyoming or Montana? It's usually a holdover from English common law.

by _8j50 3y ago

dmurray 3y ago

> TIL: Irish private citizens can file criminal suits. i wish the US had that. They cannot. Making a complaint is just reporting an alleged crime. This is exactly the same process as if your house was burgled and you can identify the burglars. It would normally be confidential, but in this case it was made by a "privacy activist" who publicised it himself. The Gardai and the DPP (prosecutor) make the decision to prosecute or not. If (when) they decide to drop the case, the activist can follow up to get a statement in writing about why the DPP determined it wasn't worth a criminal prosecution. That's all he's likely hoping to get out of this. The US, on the other hand, does have private criminal prosecutions in many jurisdictions, but they aren't very common or effective.

Obscurity4340 3y ago
Kaplan v DA lol
_8j50 3y ago
Thanks for clearing that up. It's very unfair when prosecutors refuse to prosecute and you are the victim. The burden of justice is transfered then to the victim to run a campaign against the DA and at best he loses an election, the original wrong is still not righted! It should fall upon a jury or grand jury to reject an indictment. Short of that, the victim must be allowed to present evidence of a crime before a judge, where the prosecutor has refused to prosecure. if there is merit the why shouldn't there be a prosecution? At least for crimes where there is an actual victim. This idea that financial compensation is enough is ludicrous.

meepmorp 3y ago

Some US states do allow private criminal prosecution. New Jersey allows them with approval of a judge and prosecutor. Other states allow private citizens to file charges directly with a magistrate - I think maybe Wyoming or Montana? It's usually a holdover from English common law.