Legal Question in Constitutional Law in Florida

common law and private prosecution

Since the florida constitution incorporates the Common law of england, is a citizen able to hire an attorney and proceed under common law right to a private prosecution against a criminal act.Often the assistant states attorneys are inept at prosecution and fail victims of crime. Is there a remedy at law ,thru commob law right, to privatly prosecute a criminal using a private lawyer? If not then how can we get legislation changed so we can hire an attorney of our choice instead of relying on often inexperienced state attorneys who lose case's.is there any case law on this pursuit in florida?


Asked on 1/27/02, 12:19 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: common law and private prosecution

There is no such provision in American law. The idea behind our system is that you take out the incentives of revenge that would be there if the victim prosecuted the crime and you get someone neutral and objective. Sometimes that means you get someone incompetent, but not usually. State's attorneys who fail too often are sent packing in most jurisdictions.

Frankly I would not want my worst enemy to prosecute me for some petty violation of the law and try to get me thrown in jail. That is the reason for the safeguard. You take your case to the state, and the state prosecutes.

However, keep in mind, there are always civil actions that can be pursued against criminals.

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Answered on 1/29/02, 8:36 am


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