Where did this myth of an alleged crime victim "pressing charges" come from?

[y_p_w]

I get that this is a pretty common idea in movies and TV. I've even heard it in person from someone who was angry, thinking that somehow he had the right to force a criminal charging decision. One kid got into a fight with his kid, and he seemed to be under the impression that he could at least force the other kid to be arrested. I've been somewhat addicted to police bodycam vids, and it's remarkable how many people think they can force an arrest of someone by saying they're "pressing charges" to police.

It's all pretty silly because prosecutors and grand juries make charging decisions. And they'll even prosecute without cooperative witnesses if there's something like video evidence and/or the crime is directly witnessed by a police officer. Especially in domestic battery cases where a victim might be hesitant to cooperate. It's strange how some people think they can assault a spouse right in front of a police officer. This is from a local DA's website:

https://www.contracosta.ca.gov/7002/Prosecuting-DV-Cases​

What Happens if the District Attorney Decides to Prosecute My Case?​

Many people think that a victim can decide to "press charges" or "drop charges" in a criminal case. While victim's feelings on this issue are very important – the evidence is the primary focus when determining whether a case can be prosecuted. If the police investigation shows that there is enough evidence to prove domestic violence charges beyond a reasonable doubt at trial, then those charges will be filed.​

 

[eljefino]

The alternative is to "settle it like men."

 

[rijndael]

We were hit by a hit-and-run driver. We filed a police report. After, we tracked down the driver and updated the assigned officer.

The officer asked us if wanted to proceed with charges or drop it. I wanted to wait until the repairs were done and to see how their insurance addressed things. We had up to 1 year to decide.

 

[GON]

There is a significant difference between a criminal allegation being field, and prosecution. A law enforcement officer can (and may be required by statute based on the nature of the criminal complaint) file a criminal complaint. It is irrelevant and separate if a district/ county/ state/ or federal prosecutor decided to accept the case for trial.

 

[fsdork]

Surely it varies by jurisdiction, but there are some offences where the wishes of the victim/complainant matter (theft, trifling assaults, etc.), and some where that person's wishes are irrelevant (domestic violence, higher level assaults).

 

[y_p_w]

We were hit by a hit-and-run driver. We filed a police report. After, we tracked down the driver and updated the assigned officer.

The officer asked us if wanted to proceed with charges or drop it. I wanted to wait until the repairs were done and to see how their insurance addressed things. We had up to 1 year to decide.

I get that often prosecutors will decide whether or not it's worth it to prosecute depending on witness cooperation. Especially with domestic violence cases where often someone will just lie to prosecutors or in court in order to protect someone.

But I've been watching police bodycam vids, and there's this thinking by a lot of participants that somehow they can determine who gets arrested or charged simply on their say so. Like people arguing with each other in front of police with dueling "I want to press charges" against each other, meaning they think the police will arrest the other party just on that basis.

Then there are those who have clearly committed assault (typically fueled by alcohol/drugs) right on front of police, with the bodycams rolling. But then the victim (often a spouse) says "I don't want to press charges" like it's going to stop the perp from being arrested. And they're surprised when the cuffs go on. Legally, crimes are committed against a state government, or the feds.

 

[y_p_w]

Surely it varies by jurisdiction, but there are some offences where the wishes of the victim/complainant matter (theft, trifling assaults, etc.), and some where that person's wishes are irrelevant (domestic violence, higher level assaults).

Trespassing is one where permission to be on a property matters. I have heard of one US state (Ohio) that has a formal complaint mechanism to allege a crime before a court, but it's still a matter of local prosecutors to proceed. The process is not much different than calling police to allege a crime, which they then will decide to investigate (or not).

I have heard of cases where a theft charge was dropped because the property was recovered but the victim didn't want the property held as evidence. It might have been possible to proceed without that evidence, but obviously defense attorney can point to lack of evidence even if there's something like security video.

 

[Silverado12]

I get that often prosecutors will decide whether or not it's worth it to prosecute depending on witness cooperation. Especially with domestic violence cases where often someone will just lie to prosecutors or in court in order to protect someone.

But I've been watching police bodycam vids, and there's this thinking by a lot of participants that somehow they can determine who gets arrested or charged simply on their say so. Like people arguing with each other in front of police with dueling "I want to press charges" against each other, meaning they think the police will arrest the other party just on that basis.

Then there are those who have clearly committed assault (typically fueled by alcohol/drugs) right on front of police, with the bodycams rolling. But then the victim (often a spouse) says "I don't want to press charges" like it's going to stop the perp from being arrested. And they're surprised when the cuffs go on. Legally, crimes are committed against a state government, or the feds.

This pretty much explains it perfectly. I used to be a deputy sheriff and witness cooperation is the key unless law enforcement witnesses the crime. We had a choice of prosecuting or not in a construction fraud case here in VA but the guy paid us back the money and I told the detective that I don't want to hang the guy. It was still a crime but since I got my money back I didn't really want the guy to have a record.

 

[Wingo]

Without a victim to go into court, if it goes to trial, there will be no conviction and a lot of resources would be wasted.
Happens in bar fights all the time. Two idiots beat the snot out of each other, and when police come neither wants anything done. Unless there is a death or great bodily harm, if the "victim" doesn't want to be a witness there is no point in doing anything but getting them medical attention.

 

[shortyb]

Misdemeanor offenses like assault, not committed in the presence of a law enforcement officer, depend on cooperation from a victim, to prevail in court. However, their "desires" make no difference in the arrest process. That is left up to probable cause and the totality of the circumstances. In all the years and hundreds of arrests, I've never made one based on what a victim wanted, or told me I need to do.

Where things can go south in court is when a good arrest is made, and a victim does not cooperate, or even lies about the incident , such as the injuries from the assault came from falling down, hitting a door, etc. This is where other means of evidence to bolster the case are needed. Body worn camera footage is great for this. I have also given the suspect a chance to make a victim whole by returning property, repairing/reimbursing damages etc. before I choose the prosecution route. If they don't, or refuse to do so, I simply get a warrant signed. Click click.

 

[wsar10]

An individual (civilian) can indeed initiate an application for a criminal complaint to a DA. Not to be confused with a normal DC Civil Suite filing.... However, you better have your "ducks in a row" and understand the process or else file a police complaint and let the normal process take place if you want results (where applicable).

You file the criminal complaint application and the courts will then decide (based on various factors) if the COURT files the criminal application for charge. You can sue or attempt to have anyone charged, and quite honestly any good prosecuting attorney can get a dead cat indicted! Beyond that, if someone can afford to to keep a civil suite going they can wreck much more havoc on a person that way by just dragging it out and through filings. Honestly, its all pretty sickening and scary when you think about it today...

Yes, most people who make this claim, be it on social media or any other ENTERTAINEMT venue do not understand the process, lack the resources and/or funds to make it happen. Which can be good or bad...

 

[alarmguy]

If an assault against you or property crime against your property, it’s up to you should you decide to press charges against the person or just let it go.

 

[y_p_w]

An individual (civilian) can indeed initiate an application for a criminal complaint to a DA. Not to be confused with a normal DC Civil Suite filing.... However, you better have your "ducks in a row" and understand the process or else file a police complaint and let the normal process take place if you want results (where applicable).

You file the criminal complaint application and the courts will then decide (based on various factors) if the COURT files the criminal application for charge. You can sue or attempt to have anyone charged, and quite honestly any good prosecuting attorney can get a dead cat indicted! Beyond that, if someone can afford to to keep a civil suite going they can wreck much more havoc on a person that way by just dragging it out and through filings. Honestly, its all pretty sickening and scary when you think about it today...

Yes, most people who make this claim, be it on social media or any other ENTERTAINEMT venue do not understand the process, lack the resources and/or funds to make it happen. Which can be good or bad...

Depends on the state. I mentioned one state that has a formal process.

At least in my state, local law enforcement typically take criminal complaints, but it's not really "pressing charges". They may or may not investigate depending on available resources.

 

[y_p_w]

If an assault against you or property crime against your property, it’s up to you should you decide to press charges against the person or just let it go.

If it were caught on video, I'm pretty sure that someone going door to door breaking mailboxes with a baseball bat could be charged for criminal mischief and/or destruction of property without the cooperation of the property owners. However, that might also be a federal crime. And in my state, that's a specific crime separate from any federal crime about destroying mailboxes.

 

[shortyb]

If an assault against you or property crime against your property, it’s up to you should you decide to press charges against the person or just let it go.

Yes and no. There are mechanisms in most jurisdictions to withdraw a misdemeanor criminal complaint. That is done/signed by a victim of the crime, yes, but the overall decision to affect an arrest and have the case sent for adjudication lies solely with the law enforcement officer based on probable cause. A complaint withdraw does not mean the incident didn't happen or the elements of a crime didn't exist, it simply means that the victim basically will not aid in the prosecution. The state decides if prosecution goes forward.

I think this is what the OP is trying to get at. That some folks believe they can get someone arrested or press charges "because they say so". There's a little more to it than that.

 

[y_p_w]

I think this is what the OP is trying to get at. That some folks believe they can get someone arrested or press charges "because they say so". There's a little more to it than that.

Yeah. More or less a common perception that the victim somehow has the power to enable or stop an arrest, and/or stop a prosecution. The most egregious is when someone assaults a spouse right when a police officer is present. I've seen it where the spouse doesn't want to deal with bailing out, and says "I don't want to press charges" like they won't arrest or will just take off the cuffs once an arrest has started.