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K. So, get ready for a long-winded answer.

These aren't all the details, but to be simple--there are basically two kinds of actions: 1) criminal, 2) civil. Criminal actions are brought by the State, whereas Civil actions are generally individuals. Criminal actions are brought in response to crimes, whereas Civil actions might be brought in response to something more akin to a tort. Crimes and torts can be similar, but I'll just walk you through an example of a crime and prosecution:

It basically goes like this: a crime occurs. Now, for argument's sake, let's say a dude hits his wife. And let's say he does it in front of their kids. So, either the wife calls the cops, the kids, the neighbors...someone calls the cops at some point. Cops come out and take a report, maybe make an arrest. In our example, let's say the wife's beat up pretty bad so the Cops charge him with Assault in the Fourth Degree, and they'll go felony because the kids saw it. Details aside, let's just follow the paper trail instead of what happens to the dude. Basically, the Cops write up the report, the report gets sent to the District Attorney's office, the report will be given to (most likely) a Deputy District Attorney (DDA). The DDA will look over the report (they also call it "information" for the simple fact that it is) and decide if there exists sufficient basis on which to charge a crime. The crimes are defined in the State statutes. So, these DDA guys (or gals!--no offense ladies) kinda know the criminal statutes and what they need to prove a case (like, there are certain actions, intents, results that are delineated in a statute that the DDA tries to match with the report). So, if Assault 4 is A, B, C, and the dude happened to ABC, then the DDA writes a "complaint." The complaint lays out the crime as applies to the facts of the report. So...the DDA files the complaint on behalf of the State. So...the State basically sues the 'criminal.' But, in this case, the wife or neighbor or whatever kinda 'made the report' and let the DDA take care of the rest of legal stuff. The State's the one 'suing' though.

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12y ago
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11y ago

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Q: Who can bring about a criminal action?
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