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To: j.havenfarm

I just looked this up, as I had always thought an individual could file a criminal complaint. You are incorrect, an individual can make a criminal complaint. This procedure varies, according to the statutes of various states.


13 posted on 12/03/2018 9:34:38 AM PST by erkelly
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To: erkelly

You’re incorrect and the confusion arises from commonly used inexact language. Often when a person reports a crime to law enforcement, it is said he has “filed a criminal complaint.” However that is not the same as filing a legal complaint that is going to result in a trial. Those are lawsuits. Federal criminal actions are styled as “United States of America vs. (name).” No one but a federal prosecutor has standing to bring the action. Likewise, state criminal actions are brought with the state as the plaintiff or, as here in California “The People of the State of California vs (name).” There are some very limited exception, such as here in CA the ASPCA is given limited standing to bring infraction actions. With those minor exceptions private criminal actions are barred. Leeks v. Timmermann (1981) 452 US 83.

Take a look at this purported “criminal complaint” It is a 78 page letter from Larry Klayman to the AG and others asking that criminal and disciplinary charges be brought. It has not caused a criminal case to come into being


23 posted on 12/03/2018 9:58:26 AM PST by j.havenfarm ( 1,500 posts as of 8/10/18. A FReeper since 2000; never shutting up!)
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To: erkelly
Yes, but this is a FEDERAL issue and it appears that an individual cannot formally file a federal criminal complaint with a court. In Corsi's case, this may be more of a layman's use of "complaint" since the articles say the document is filed with the Acting AG, US Atty, DOJ Inspector General, etc. I am no lawyer, but it appears that Corsi cannot literally initiate a "criminal complaint" in court before a federal judge -- he has to convince one or more of the parties above (capable of actually filing a legal "criminal complaint") to take it to court. At least this is how it appears from a quick web search:

"As one of many English traditions exported to colonial America, private prosecutions predate the establishment of the United States. But the ability to prosecute privately does not apply in every state, nor does it extend to federal crimes. In 1981, the United States Supreme Court held that a private individual does not have a constitutional right to private prosecution. Because of this Supreme Court ruling, and because Congress has not passed laws providing for private prosecution, a private person does not have the right in federal court to prosecute an offense or hire an attorney to pursue a criminal case on the private person’s behalf." [from website www.criminaldefenselawyer.com]
82 posted on 12/04/2018 1:26:28 AM PST by Trump_the_Evil_Left (FReeper formerly known as Enchante (registered Sept. 5, 2001), back from the wild....)
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