Malicious Prosecution
- Thread Starter anyhelp08
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seniorjudge
New Member
Did you have a specific question?
Just post in an appropriate area. Anyhelp, I can appreciate where you are coming from. Unfortunately there isn't a great deal of help many people who are in "the right" get, which is essentially how this site was founded. What happens if you win your case in small claims court? That's only the beginning to hopefully getting what you rightly deserved in the first place... I'm hoping that as we move along we will be able to find ways to improve the quality of the justice system and, overall, we find an improved quality of life.
CdwJava
Moderator
Because failing to convict someone is not proof that an accuser or witness is lying. It is a high burden of proof to convict someone of perjury or making a false report to the police. If we prosecuted or defendants could sue every prosecution witness who made a statement against a person acquitted, the system would shut down overnight.
Be thankful the system worked.
- Carl
People that maliciously set out to hurt someone, ruin their career and reputation should be held accountable without the injured party having to sue. It should be criminal. The prosecutor should go after them in the same manner he came after me. In my case the system only worked because I fought for what I knew was right and the truth, at a very high cost.
CdwJava
Moderator
It IS criminal to knowingly and maliciously make a false report against someone. However, the state needs more than a "not guilty" verdict or a dismissal to make such a case.
And you DO have the right to sue anyone for almost anything. However, being ABLE to sue them and WINNING are two different issues. You would still have to show in a civil court - by a preponderance of the evidence - that the defendant intentionally and knowingly made false accusations against you thus causing you harm. In many instances, absent a confession of guilt, the case cannot be made.
Criminally, these types of cases are almost never made. One can be wrong and still not be criminally liable. Being wrong at trial is not criminal, making knowingly false statements can be.
- Carl
And you DO have the right to sue anyone for almost anything. However, being ABLE to sue them and WINNING are two different issues. You would still have to show in a civil court - by a preponderance of the evidence - that the defendant intentionally and knowingly made false accusations against you thus causing you harm. In many instances, absent a confession of guilt, the case cannot be made.
Criminally, these types of cases are almost never made. One can be wrong and still not be criminally liable. Being wrong at trial is not criminal, making knowingly false statements can be.
- Carl
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