# Do any states still allow private prosecutions? **URL:** \ **Category:** Factual Questions\ **Created:** [December 9, 2007, 4:12am UTC](https://boards.straightdope.com/t/do-any-states-still-allow-private-prosecutions/429352 "2007-12-09T04:12:05Z")\ **Posts on this page:** 6\ **Page:** 1
**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\ **Post date:** [December 9, 2007, 4:12am UTC](https://boards.straightdope.com/t/do-any-states-still-allow-private-prosecutions/429352/1 "2007-12-09T04:12:05Z")
Do any states still allow private prosecutions? Private prosecutons where once the norm in England so I assume the same was true in the US (at least during Colonial times). ---
**Author:** ![LawMonkey](https://avatars.discourse-cdn.com/v4/letter/l/d6d6ee/32.png) [@LawMonkey](https://boards.straightdope.com/u/LawMonkey)\ **Post date:** [December 9, 2007, 4:57am UTC](https://boards.straightdope.com/t/do-any-states-still-allow-private-prosecutions/429352/2 "2007-12-09T04:57:32Z")
I’m hazy (at best) on the details, but I have it on good authority that at least one Ohio county allows private attorneys to somehow bypass the normal procedure for arrest warrants. The attorney does something up on his letterhead, offers it to the deputy clerk, who then is required to issue a warrant without any independent inquiry into probable cause. I’ve got a cite to a newspaper article that is supposed to be about this practice, but westlaw isn’t finding it. I’m not sure if this is what you mean by private prosecution, though… ---
**Author:** ![aldiboronti](https://avatars.discourse-cdn.com/v4/letter/a/9fc348/32.png) [@aldiboronti](https://boards.straightdope.com/u/aldiboronti)\ **Post date:** [December 9, 2007, 7:59am UTC](https://boards.straightdope.com/t/do-any-states-still-allow-private-prosecutions/429352/3 "2007-12-09T07:59:19Z")
An interesting page [here](http://www.constitution.org/uslaw/pripro01.htm) on private prosecutions in the US. > [@](#): > > Although almost all criminal prosecutions today are conducted by public prosecutors, there is a longstanding tradition of Anglo-American law for criminal prosecutions to be conducted by private attorneys or even by laymen. The forms of criminal procedure are the same for both kinds of prosecution, and they differ only in the official status and source of compensation of the prosecutor. > > Most of the cases of private prosecution that we find in the federal courts were conducted by private attorneys who also represented the victim in a civil action against the accused. > > ``` > In the early days of our Republic, "prosecutor" was simply anyone who voluntarily went before the grand Jury with a complaint. — United States v. Sandford, Fed. Case No.16, 221 (C.Ct.D.C. 1806). > > ``` > > The first of these federal cases of interest was State of New Jersey v. William Kinder, 701 F.Supp. 486 (D.N.J.1988). A private complainant instituted a criminal case against the defendant by charging him with simple assault and battery under the authority of New Jersey Municipal Court Rule 7:4-4(b), which provides in part, “any attorney may appear on behalf of any complaining witness and prosecute the action on behalf of the state or the municipality”. After removing the case from the Municipal Court of New Brunswick, the defendant moved to dismiss. The District Court, Debevoise, J., held that: (1) Municipal Court Rule 7:4-4(b) allowing state to prosecute defendant through use of private attorney was applicable even upon removal to federal court, and (2) the private attorney who prosecuted the case did not have a conflict of interest that violated defendant’s constitutional right to due process. In its opinion the Court stated that “there is no provision of the Federal Rules of Criminal Procedure which conflicts with its provisions”. It goes on to discuss Stae private prosecutions. ---
**Author:** ![ouryL](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ouryl/32/6067_2.png) [@ouryL](https://boards.straightdope.com/u/ouryL)\ **Post date:** [December 10, 2007, 9:17pm UTC](https://boards.straightdope.com/t/do-any-states-still-allow-private-prosecutions/429352/4 "2007-12-10T21:17:59Z")
I would presume private prosecutors wouldn’t have the sovereign immunity the governments has. :smack: ---
**Author:** ![Quercus](https://avatars.discourse-cdn.com/v4/letter/q/7ab992/32.png) [@Quercus](https://boards.straightdope.com/u/Quercus)\ **Post date:** [December 10, 2007, 9:22pm UTC](https://boards.straightdope.com/t/do-any-states-still-allow-private-prosecutions/429352/5 "2007-12-10T21:22:02Z")
Several federal laws (notably Clean Water Act and Clean Air Act) allow private citizens to undertake suits against violators of the laws (with various procedures specified). These are not criminal, but civil suits, however. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [December 11, 2007, 1:48pm UTC](https://boards.straightdope.com/t/do-any-states-still-allow-private-prosecutions/429352/6 "2007-12-11T13:48:51Z")
In the town I work in our court requires it. When there is a complaint of shoplifting we arrest but the store has to sign the complaint. When it comes up for trial the store must have their own prosecutor. This started when the Walmart went in. The township prosecutor was so bogged down with Walmart cases the judge ruled that all shoplifting will be prosecuted by the stores.