prosecutor

In practice. He who prosecutes another for a crime in the name of the government. offenses, — ^he is the attorney general or his deputy. A private prosecutor is one who prefers an accusation against a party whom he suspects to be guilty. PROSEQUI (Lat.) To follow up or pui> sue. See "Nolle Prosequi." PROSPECTIVE (Lat. prospicio, {o look forward). That which is applicable to the future. It is used in opposition to retrospective. To be just, a law ought always to be prospective. 1 Bouv. Inst, note 116.

One who prosecutes another for a crime in the name of the government. The public prosecutor is an officer appointed by the government to prosecute all offences: he is the attorney -general or his deputy. A private prosecutor is one who prefers an accusation against a party whom he suspects to be guilty. Every man may become a prosecutor; but no man is bound, except in some few of the more enormous offences, as treason, to be one; but if the prosecutor should compound a felony he will be guilty of a crime. The prosecutor has an inducement to prosecute, because he cannot, in many cases, have any civil remedy until he has done his duty to society by an endeavor to bring the offender to justice. If a prosecutor act from proper motives, he will not be responsible to the party in damages though he was mistaken in his suspicions; but if, from a motive of revenge, he institute a criminal prosecution without any reasonable foundation, he may be punished by being mulcted in damages, ip an action for a malicious prosecution (q. v.). In theory of law in England, any member of the community can prosecute a criminal. In felony, it is the duty of a person injured in person or property to prosecute, or to give information to the police; but there is no such duty in misdemeanors. The police may act as they see fit By acts in 1879 and 1884, tutes and carries on prosecutions In any court under the supervision of the attorneygeneral. He may take a case out of the hands of a private prosecutor or of the police. The vast bulk of prosecutions are by private prosecutors. In State v. TIghe, 27 Mont. 327, 71 Pac. 3 (a capital case), the court upheld the practice of private counsel acting for prosecutors, saying that it had existed in Montana for forty years. Milburn, J., dissented on the ground that the private prosecutor represents vengeance, while the state’s attorney represents justice. The practice exists in many states; see State v. Bartlett, 55 Me. 200; Keyes v. State, 122 Ind. 527, 23 N. E. 1097. It does not exist in Massachusetts, Michigan ami Wisconsin. In Pennsylvania, a defendant is not bound to plead to an indictment, where there is a private prosecutor, until his name shall have been indorsed on the indictment as such, and on acquittal of the defendant, in all cases except where the charge is for a felony, the jury may direct that he shall pay the costs. See 1 Cliitty, Cr. Law 110; Haught v. Com., 2 Va. Cas. 3; The King v. Lukens, 1 Dali. (U. S.) 5; Allen v. Corn., 2 Bibb (Ky.) 210; U. S. v. Mundel, 6 Call (Va.) 245, Fed. Cas. No. 15,834; Bish. Cr. Pro. 691; District Attorney of the United States; Informer. ‘

In practice. He who prosecutes another for a crime in the name of the government.

— Private prosecutor. One who seta in motion the machinery of criminal justice against a person whom he suspects or believes to be gnilty of a crime, by laying an accusation before the proper authorities, and who is not himself an officer of justice. See Heacock v. State, 13 Tex. App. 129; State v. Millain, 3 Nev. 425.

— Prosecutor of the pleas. This name is given, in New Jersey, to the county officer who is charged with the prosecution of criminal actions, corresponding to the "district attorney" or "county attorney" in other states.

— Public prosecutor. An officer of government (such as a state's attorney or district attorney) whose function is the prosecution of criminal actions, or suite partaking of the nature of criminal actions.

One who prosecutes for a crime, in the name of the state.

In England, the person instituting ceeding on behalf of the Crown.