As someone who has been a victim of an over zealous
#Prosecutor who does NOT CARE IF YOU ARE GUILTY OR NOT, and ONLY WANTS A CONVICTION, this ticks me off!
This is an abuse of power! A
#Criminal Abuse of Power at that!
When PROSECUTORS prosecute
#Innocent People it's a
#Crime!
It is a CRIME in multiple ways. First, it's a violation of that persons Constitutional Rights!
Secondly it's "Malicious Prosecution." This is a CRIME in my book, that a PROSECUTOR (If found guilty) should be FIRED and JAILED for committing!
The January 6th "trespassers" are also victims of MALICIOUS PROSECUTION!
There needs to be some TEETH put into the punishment for this CRIME!
The Elements of a Malicious Prosecution Claim
Courts generally agree on the elements required for a malicious prosecution claim, but some states combine elements or arrange them differently. The six elements of this claim are as follows:
The institution or continuation of a civil or criminal legal proceeding against the plaintiff;
By, or abetted by, the defendant (the prosecutor or plaintiff in the malicious action);
Termination of the prior proceeding in favor of the plaintiff (for instance, the case was dismissed);
Absence of probable cause for instituting the prior proceeding;
Malice as the primary purpose for the prior action; and
Injury or damage to the plaintiff as a result of the prior action.
Remedies for Malicious Prosecution
Being the subject of a malicious prosecution can cause a wide range of injuries, whether it's from unsubstantiated criminal charges or a bogus civil claim. In either case, the plaintiff may claim compensatory and sometimes punitive damages. Compensatory damages consist of both the actual damages that were a direct result of the malicious prosecution (which may include pain and suffering and other non-monetary injuries), and special damages that identify quantifiable monetary losses - such as lost earnings, additional domestic costs such as childcare, etc.).
Actual damages for a malicious prosecution claim will hinge on the emotional impact of the act, such as the confusion, bewilderment, and isolation typically experienced by the wrongfully accused. The emotional pain usually is more pronounced if the claim is in response to malicious criminal charges, since the plaintiff may have spent time in jail or otherwise detained or treated as a criminal. In addition, just the uncertainty and fear of entering a criminal trial is often enough to convince a jury that the malicious act caused severe emotional distress.
Plaintiffs also may claim a damaged reputation, loss of future earning potential, attorney fees, court fees. Actual damages will vary from case to case and depending on your jurisdiction.
https://nationalfile.com/breaking-prosecutor-hangs-head-in-shame-after-star-witness-admits-he-was-only-shot-after-pointing-gun-at-kyle-rittenhouse/As someone who has been a victim of an over zealous #Prosecutor who does NOT CARE IF YOU ARE GUILTY OR NOT, and ONLY WANTS A CONVICTION, this ticks me off!
This is an abuse of power! A #Criminal Abuse of Power at that!
When PROSECUTORS prosecute #Innocent People it's a #Crime!
It is a CRIME in multiple ways. First, it's a violation of that persons Constitutional Rights!
Secondly it's "Malicious Prosecution." This is a CRIME in my book, that a PROSECUTOR (If found guilty) should be FIRED and JAILED for committing!
The January 6th "trespassers" are also victims of MALICIOUS PROSECUTION!
There needs to be some TEETH put into the punishment for this CRIME!
The Elements of a Malicious Prosecution Claim
Courts generally agree on the elements required for a malicious prosecution claim, but some states combine elements or arrange them differently. The six elements of this claim are as follows:
The institution or continuation of a civil or criminal legal proceeding against the plaintiff;
By, or abetted by, the defendant (the prosecutor or plaintiff in the malicious action);
Termination of the prior proceeding in favor of the plaintiff (for instance, the case was dismissed);
Absence of probable cause for instituting the prior proceeding;
Malice as the primary purpose for the prior action; and
Injury or damage to the plaintiff as a result of the prior action.
Remedies for Malicious Prosecution
Being the subject of a malicious prosecution can cause a wide range of injuries, whether it's from unsubstantiated criminal charges or a bogus civil claim. In either case, the plaintiff may claim compensatory and sometimes punitive damages. Compensatory damages consist of both the actual damages that were a direct result of the malicious prosecution (which may include pain and suffering and other non-monetary injuries), and special damages that identify quantifiable monetary losses - such as lost earnings, additional domestic costs such as childcare, etc.).
Actual damages for a malicious prosecution claim will hinge on the emotional impact of the act, such as the confusion, bewilderment, and isolation typically experienced by the wrongfully accused. The emotional pain usually is more pronounced if the claim is in response to malicious criminal charges, since the plaintiff may have spent time in jail or otherwise detained or treated as a criminal. In addition, just the uncertainty and fear of entering a criminal trial is often enough to convince a jury that the malicious act caused severe emotional distress.
Plaintiffs also may claim a damaged reputation, loss of future earning potential, attorney fees, court fees. Actual damages will vary from case to case and depending on your jurisdiction.
https://nationalfile.com/breaking-prosecutor-hangs-head-in-shame-after-star-witness-admits-he-was-only-shot-after-pointing-gun-at-kyle-rittenhouse/
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