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nonprosecution

nonprosecution

8.4
A decision not to charge someone with a crime or to continue a court case against them
  • noun
  • /ˌnɒnprəˈsɪkjuːʃən/
  • Specialized
translation icon : no enjuiciamiento
  • The Court has not squarely held that the Executive retains plenary nonprosecution discretion in criminal cases.
  • nonprosecution discretion
  • nonprosecution agreement
  • executive nonprosecution

Examples

  • Courts and commentators have struggled to identify the origin of the Executive's nonprosecution discretion.

    Academic text (2017)
  • Neither squarely holds that the criminal nonprosecution power is constitutionally grounded.

    Academic text (2017)
  • Second, that existing case law holds that executive nonprosecution discretion is at its zenith in all criminal cases.

    Academic text (2017)
  • In the Confiscation Cases, the Court expressed the opinion that nonprosecution discretion may be restricted by Congress.

    Academic text (2017)
  • While judicial review may slightly blunt those tools, the core of executive nonprosecution discretion would not be compromised.

    Academic text (2017)
  • Congressionally imposed restraints on executive nonprosecution discretion are constitutionally tolerable in this area.

    Academic text (2017)
  • In subpart III(A), I set forth the three origins of executive nonprosecution discretion: text, structure, and prudence.

    Academic text (2017)
  • Executive nonprosecution discretion emanates from three sources: (1) the text of Article II, (2) separation-of-powers principles, and (3) prudential considerations.

    Academic text (2017)
  • The constitutionality of a congressional regulation on nonprosecution discretion derived from separation-of-powers principles is assessed using either a formalist or functionalist analysis.

    Academic text (2017)
  • The district attorney announced the decision for nonprosecution, meaning the case against the defendant would not move forward.

Synonyms

nolle
vsnonprosecution
  • Formal
1 9.9

A formal notice from a prosecutor saying they will not pursue a criminal charge

is the overall decision not to pursue charges rather than a specific prosecutor notice
nolle prosequi
vsnonprosecution
  • Formal
9.9

An official notice that stops charges in a court case

is the general decision not to pursue a case rather than that formal order
nol pros
vsnonprosecution
  • Formal
9.9

A court record showing the prosecutor will not continue the case

is the decision not to pursue a case rather than only a record entry

Antonyms

prosecution
  • Specialized
169 5.7

An act in which the state brings a criminal charge against someone in court

How Prosecuted

conviction
  • Formal
282 4.3
prosecution
  • Specialized
169 5.7
to charge
  • Formal
933 4.2
nonprosecution
  • Specialized
8.4

Surface Forms

Morphology

nonprosecution = prosecution (transparent) = non + prosecution

A straightforward negative prefix 'non-' attached to the noun 'prosecution', so the meaning 'not pursuing prosecution' is directly predictable.

Etymology

Nonprosecution comes from the beginning non- meaning 'not' and prosecution, the same root as prosecute which means 'to pursue a legal case'. So, nonprosecution is the decision not to bring or continue criminal charges.