probable cause for a prosecution

probable cause for a prosecution
A reasonable ground for suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious, or as some courts put it, a prudent man, in believing that the party charged is guilty of the offense with which he is charged. The existence of such facts and circumstances as would excite belief in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged is guilty of the offense for which he is prosecuted. Such facts and circumstances as, when communicated to the generality of men of ordinary and impartial minds, are sufficient to raise in them a belief or real, grave suspicion of the guilt of the person charged. 34 Am J1st Mal Pros § 47.

Ballentine's law dictionary. . 1998.

Игры ⚽ Поможем решить контрольную работу

Look at other dictionaries:

  • Probable cause — In United States criminal law, probable cause refers to the standard by which a police officer has the right to make an arrest, conduct a personal or property search, or to obtain a warrant for arrest. It is also used to refer to the standard to… …   Wikipedia

  • probable cause — see cause 2 Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. probable cause n …   Law dictionary

  • probable cause — Law. reasonable ground for a belief, as, in a criminal case, that the accused was guilty of the crime, or, in a civil case, that grounds for the action existed: used esp. as a defense to an action for malicious prosecution. [1670 80] * * * …   Universalium

  • probable cause — /prɒbəbəl ˈkɔz/ (say probuhbuhl kawz) noun reasonable ground for a belief, especially as a defence to an action for malicious prosecution …  

  • probable — Having the appearance of truth; having the character of probability; appearing to be founded in reason or experience. Having more evidence for than against; supported by evidence which inclines the mind to believe, but leaves some room for doubt; …   Black's law dictionary

  • malicious prosecution — n: the tort of initiating a criminal prosecution or civil suit against another party with malice and without probable cause; also: an action for damages based on this tort brought after termination of the proceedings in favor of the party seeking …   Law dictionary

  • reasonable cause — For prosecution: the existence of a reasonable ground of presumption that the charge is or may be well founded. Wood v United States (US) 16 Pet 342, 366, 10 L Ed 987, 996. A reasonable amount of suspicion, supported by circumstances sufficiently …   Ballentine's law dictionary

  • malicious prosecution — A criminal prosecution begun in malice, without probable cause to believe it can succeed, and finally ending in failure. 34 Am J1st Mal Pros § 2. An action for damages brought by one against whom a criminal prosecution, civil suit, or other legal …   Ballentine's law dictionary

  • Malicious prosecution — Tort law Part of the …   Wikipedia

  • Deferred prosecution — A deferred prosecution agreement is a voluntary alternative to adjudication in which a prosecutor agrees to grant amnesty in exchange for the defendant agreeing to fulfill certain requirements. A case of corporate fraud, for instance, might be… …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”