Online Encyclopedia

NOLLE PROSEQUI (sometimes shortened i...

Online Encyclopedia
Originally appearing in Volume V19, Page 734 of the 1911 Encyclopedia Britannica.
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NOLLE PROSEQUI (sometimes shortened into not. pros.)  , a technical

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term of
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English law, the meaning of which varies as it is used with reference to
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civil or criminal cases . In civil cases it applied only to actions in the king's bench division, and there signified a formal undertaking by the
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plaintiff that he intended to proceed no further with the
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action (se ulterius nolle prosequi) . The more
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modern practice in such cases is to proceed by way of discontinuance . In proceedings either by indictment or by information, a nolle prosequi or stay of proceedings may be entered by the attorney-general . The nolle prosequi is a
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matter purely for his discretion, and will not be granted unless very good ground be shown for his interference . The
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object of it generally is to obtain a stay of proceedings against an accomplice in order to procure his evidence . This object is, however, more usually effected by the
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prosecution offering no evidence and the judge directing an acquittal . In the
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United States the term bears the same meaning as in England, with one exception . The attorney-general has not the same discretion with which English law invests him . Although in some states the prosecuting officer may enter a nolle prosequi at his discretion, in others the leave of the court must be obtained .

End of Article: NOLLE PROSEQUI (sometimes shortened into not. pros.)
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