Today I learned: Private citizens have standing to bring criminal charges to a court… and conduct prosecution to conviction

Note: this article contains dead links, the url is still in the hover/alt text. Keep the web working, curate content well!

Found it here: http://areyoutargeted.com/2010/10/private-prosecutions/

From “TFA”:

The path to a public (state-funded) prosecution starts with a report to the law enforcement agency for the crime’s jurisdiction. If an officer decides the report is genuine, the agency will investigate it at no charge to you. Any evidence you offer may be seized as part of that investigation. At that point, you’re depending on the good faith of the officers involved; if the accused is in their midst, that person may be tipped off or protected. Alternatively, the law enforcement agency may determine they have a case against the accused, and arrest him. The prosecution of the case will then be turned over to a state-appointed prosecutor, who likewise may have his own interest in protecting the accused.

A private prosecution cuts out the middle-men. You gather your evidence, and convince the court that you have a reasonable chance of convicting the accused. You then deliver a summons to the accused, and if he pleads not guilty in the first court appearance, you prosecute him yourself.

A criminal conviction assures the success of a civil suit against the convicted. The standards of proof are much lower for civil than criminal cases.

Something to consider should you ever hear about a case where there’s clear wrong-doing by “law enforcement officials” but their “internal investigation” clears them of any wrong-doing.

5 Comments
  1. There was at one time long ago an underground (literally) court in Italy that a secret society formed for the sole purpose of prosecuting criminals that were outside the jurisdiction of the traditional courts (corrupt government officials who were literally outside the law). They would kidnap arrest the accused, present the evidence and even appointed a lawyer to represent the defendant. If they were found guilty, the punishment was often swift and brutal.

    What struck me from the story was that it wasn’t a kangaroo court, and there were many who were found innocent. I forget the name of this whol proceeding, but I have the suspicion that these kinds of extra-judicial courts will make a comeback the deeper we dive into corruption and government officials continue to remove themselves from the consequences of the myriad of laws they invoke.

    1. This is a legitimate concern. I urge everyone writing here at HoT to keep in mind that they should have a high level of faith in the sites they link to and know that the messenger is always the first to be shot should he be found to be mentally unfit to deliver the message.

      Maybe that’s not fair, but that’s how it works and we should be aware of it.

      1. Author of “TFA” here… I appreciate your POV and that you at least acknowledge the situation isn’t fair. As a side note, the Persecutory Delusions article was created by a person who has an axe to grind. I unraveled his web in a November 14th article about Wikipedia. Also as a side note, the tactics used against dissidents targeted by governments are specifically designed to get them to report the symptoms of mental illness.

        I don’t appreciate being labeled as mentally ill, but I acknowledge that any fair discussion must at least include the notion that I MAY be mentally ill, and I understand the distinction.

        Carry on,

        Jeremy

  2. I believe that I am a political prisoner found guilty of evading a tax refund (That was not a typo) This was accomplished by tampering with evidence, withholding exculpatory evidence, perjury, threats to my attorney and witnesses for raising defense issues contrary to the government’s amazing theories, and the general but apparently common prejudice of the judge in a federal district court who plans on receiving retirement checks from the same source as the prosecution whose bonus eligibility is enhanced by a high conviction rate. It makes a great team notwithstanding the promotion of injustice. Evidentiary hearings requested after trial were all denied without explanation allowing no facts to impede the ink drying on the Order which could have been written (and probably was) by the Justice Department prior to the trial, saving a whole lot of wasted time in a kangaroo court.

    Of course, complaints have been made with several executive agencies involved and the FBI, they indicated that an investigation was done, but refused to provide any evidence that it was done. How convenient. My Senator couldn’t be involved in a Congressional review because ‘it is in the courts’. I didn’t ask for him to get involved in the courts, I asked him to assist in the Executive Branch correcting the record of what appears to be clear and intentional fraud.

    The Appellant Court never addressed the issues on appeal; preferring to address the government’s restated questions which evaded answering the questions raised. Of course, no judge on the panel signed the per curium order and it is my opinion that no one other than a bureaucratic law clerk more focused on clearing the docket so that the judge could keep his tee time ever read it. ( I say this from personal experience attending oral arguments before the same court while auditioning attorneys)

    I don’t have an axe to grind, I am just disappointed that the entire judicial system appears to be a sham. I have spent time in prison for evasion of a tax refund and am serving the lifetime sentence of ‘felon’ albeit one obtained through craft, deceit, and trickery, such public corruption appears to be quite acceptable to the Judicial Branch, the Executive Branch as well as Congress. There does not appear to be a separation of power but a conspiracy of unbridled power. The Federalists assured the Anti-Federalists that this would never happen in America under the Constitution. I am now concerned that the Anti-Federalists were correct and that the Bill of Rights was insufficient to address their well considered concerns.

    I am not paranoid schizophrenic with persecutory delusions, I have waited patiently for justice that does not appear possible having once been a very patriotic but gulible Citizen. Thoughts about how I can bring criminal charges agains the usual cast of suspects would be appreciated since the govermnent appears to believe that public corruption is a acceptable alternative lifestyle.

    Comments from under-cover agents are unwelcome, or is that paranoid schizophrenic with persecutory delusions