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Reply #22: I don't understand why the fact that a crime has been committed immunizes [View All]

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Time for change Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-15-08 12:37 PM
Response to Reply #15
22. I don't understand why the fact that a crime has been committed immunizes
the prosecutor against being pursued for malicious prosecution. Here is a definition of malicious prosecution from Wikipedia:

Malicious prosecution is a common law intentional tort, while like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.

http://en.wikipedia.org/wiki/Malicious_prosecution


"Probable cause" refers to evidence with respect to the person who is prosecuted, not to the mere fact that a crime was committed. People are murdered every day, for example. That doesn't give a prosecutor the right to prosecute anyone s/he chooses for these crimes. The prosecutor must be able to demonstrate probable cause with respect to the person who is being prosecuted, in order to justify the prosecution, not just probable cause with respect to the fact that a crime was committed.
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