Hacker News new | ask | show | jobs
by pyuser583 680 days ago
This mechanism exists theoretically in the US.

I live in a state that had a pre-Roe abortion ban on the books. After Roe was repealed. local prosecutors tried to use their prosecutorial veto to prevent enforcement.

It was pointed out that if they straight up said “we won’t enforce the law” Private citizens could enforce it.

Usually, a judge would throw the case out, but if a DA had publicly refused to do their job, judges would find it hard to simply defer to DA.

I suspect private criminal prosecutions are so rare because public prosecutors guard their monopoly.

1 comments

Didn't Texas go a step beyond that and literally empower private citizens to bring cases?
That was a civil thing.