Postby blemly » Thu Sep 12, 2019 7:01 pm
captain howdy wrote: ↑Thu Sep 12, 2019 4:15 pm
blemly wrote: ↑Thu Sep 12, 2019 8:25 am
Cult of Dionysus wrote: ↑Thu Sep 12, 2019 7:55 am
It is also true that the publicity that this civil claim has/will generate will make the authorities rexamine the case, and perhaps if they dropped the ball the first time around (no pun intended, especially since we're talking about one of the surest hands in the game), they may decide to charge AB.
That’s not really how it works FYI. If she did bring this to the police and a prosecutor examined the facts and determined that they could not bring a charge against Brown, the fact that it is now in the news is not sufficient reason to re-examine the same evidence. New evidence must be brought for a prosecutor to reconsider whether to charge an individual. Perhaps there is new evidence and perhaps they are re-examining that evidence, but it would still take new evidence and not just publicity.
No blemly, that's not accurate
Possibly you are thinking of when a prosecutor has brought a case to Grand jury and failed to return a true bill.
But absent preliminary judicial or juror rulings nothing serves to limit prosecutorial discretion
I couched my statement to limit it to a situation where a prosecutor has been presented with evidence and made a determination not to pursue criminal charges. In that case, with only publicity bringing the case back into the headlines, is it not the case that absent new evidence a prosecutor will not typically re investigate his previous investigation?
If that is incorrect my apologies, I’m a civil litigator not a criminal one but that was my understanding
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