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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Mara, a private individual, claims that her neighbor, Paolo, committed a private offense by circulating a forged message about Mara to a small neighborhood chat group. Mara files a private complaint with the City Prosecutor to begin a private prosecution. The prosecutor declines to file an information. Mara seeks a writ of certiorari with the trial court to compel the prosecutor to file the information and proceed with the case, arguing that the offense is private and Mara has the right to prosecute. (a) Identify the controlling doctrine on who may commence a criminal action for private offenses and the manner by which it is commenced. (b) Distinguish the roles of a private prosecutor versus a public prosecutor in initiating and prosecuting private offenses, including whether the offended party may compel the prosecutor to prosecute. (c) Apply to facts: what remedies, if any, does Mara have to proceed with the criminal action, and what is the effect if Paolo dies before the case is resolved.

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