Relevant bibliographies by topics / Malicious prosecution

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters

Academic literature on the topic 'Malicious prosecution'

Author: Grafiati
Published: 4 June 2021
Last updated: 29 July 2024

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Journal articles on the topic "Malicious prosecution"

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Klein, Cathy A. "Malicious Prosecution." Nurse Practitioner 10, no. 6 (June 1985): 42. http://dx.doi.org/10.1097/00006205-198506000-00012.

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Jerrold, Laurance. "Malicious prosecution suit upheld." American Journal of Orthodontics and Dentofacial Orthopedics 122, no. 6 (December 2002): 673–75. http://dx.doi.org/10.1067/mod.2002.130247.

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Zirkel, Perry A., and Ivan B. Gluckman. "False Arrest and Malicious Prosecution." NASSP Bulletin 74, no. 522 (January 1990): 85–88. http://dx.doi.org/10.1177/019263659007452218.

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Wang, Jiayi, Qi Liang, and Xikun Xie. "Exploring the System of Punitive Damages for Trademark Malicious Prosecution." BCP Social Sciences & Humanities 17 (May 5, 2022): 168–76. http://dx.doi.org/10.54691/bcpssh.v17i.640.

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The phenomenon of trademark malicious prosecution is common, endangering individual private rights and public interests, and the existing legal system is difficult to effectively regulate and remedy the rights of the defendant. In response to this dilemma, it is necessary to establish a punitive damages system to regulate the nature of trademark malicious prosecution based on the "abuse of rights". It is necessary to clarify the criteria of "malicious prosecution" and "seriousness of the circumstances", as well as to formulate the scope of compensation in line with the "optimal deterrence" and balance of interests, to protect the interests of the relevant rights holders, maintain market order and judicial authority.
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Okpaluba, Chuks. "Reasonable and Probable Cause in the Law of Malicious Prosecution: A Review of South African and Commonwealth Decisions." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 1 (April 26, 2017): 240. http://dx.doi.org/10.17159/1727-3781/2013/v16i1a2310.

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The requirement that the plaintiff in an action for malicious prosecution must prove a lack of reasonable and probable cause to initiate, instigate or continue the prosecution on the part of the instigator or prosecutor is one of the four elements of that cause of action. It is a vital link between the lawfulness of the prosecution and the state of mind of the defendant. Again, whether a prosecution is wrongful or lawful depends on whether there was a reasonable and probable cause coupled with the animus iniuriandi of the defendant in instigating, initiating or continuing it. It is not whether the prosecutor possessed evidence to secure a conviction since that is for the trial court to decide after the conclusion of evidence; but, the honest belief by the prosecutor that, having carefully collected and objectively assessed the available information, the plaintiff was probably guilty of the crime. In coming to that decision the prosecutor must have grappled with both the subjective and objective elements in the exercise of that discretion. The Australian High Court judgment in A v New South Wales 2007 230 CLR 500 (HCA) has brought clarity to this aspect of the problem. However, as this paper contends, the ten-point guidelines enunciated by that court in that case and designed to provide the courts with a seemingly less complicated formula for determining if the prosecutor lacked reasonable and probable cause do not appear to have provided the panacea to the problem. Meanwhile, the distinct nature of the requirement of reasonable and probable cause is made clearer when it is compared with reasonable ground to arrest in the case of wrongful arrest and the tort of abuse of process. Also problematic and equally challenging is identifying where a reasonable and probable cause inquiry stops and malice begins. This is brought out in the attempt by the Supreme Court of Canada to unravel the tension between the proof of the existence of malice and reasonable and probable cause in the law of malicious prosecution in Miazga v Kvello Estate 2009 3 SCR 339 (SCC). The extent to which the guidelines laid down in these recent cases would have resolved the confusion in this field of the law is yet to be realised.
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Wright, LaTonia Denise. "A Hospital's Malicious Criminal Prosecution of a Registered Nurse." JONA's Healthcare Law, Ethics, and Regulation 8, no. 4 (October 2006): 106–9. http://dx.doi.org/10.1097/00128488-200610000-00003.

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Zhou, Mei Rong, Zheng Tao Jiang, and Chen Yang. "Research on an Anonymous Authentication Scheme Based on ECC for Electronic Report Systems." Applied Mechanics and Materials 574 (July 2014): 737–42. http://dx.doi.org/10.4028/www.scientific.net/amm.574.737.

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This paper proposes a secure prosecution program after analysis and study on the defects of current network report systems in their report modes and protection on prosecutors’ privacy. The program can not only achieve better anonymity for prosecutors but also can track malicious prosecutors. This paper improved the efficiency of existing algorithms for privacy, and realized various functions for the prosecution system to ensure anonymity, non-repudiation, traceability and other safety indicators.
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Titov, Pavel. "Rehabilitation in criminal cases of private prosecution: problems of theory and practice." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2022, no. 4 (December 16, 2022): 149–57. http://dx.doi.org/10.35750/2071-8284-2022-4-149-157.

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Urgency of research. According to Articles 2, 17, 46 of the Constitution of the Russian Federation, the human being, his rights and freedoms are recognized as the supreme value, and observation and protection of these rights and freedoms is a duty of the State; every citizen is guaranteed judicial protection of his rights. Criminal proceedings, which from a social point of view serve as a tool to protect the rights of victims of crimes, are based on a public-law basis. The initiation of criminal proceedings, preliminary investigation and trial are the responsibility of the competent public authorities. At the same time, in the case of unlawful or unjustified prosecution of a person, the harm caused to him is compensated at the expense of the federal budget in the framework of the rehabilitation procedure. At the same time in Russian criminal proceedings there is the so-called private prosecution: for some offenses criminal prosecution is initiated and carried out only by the victim, who is granted the status of a private prosecutor. The state in cases of private prosecution is represented only by the court, which resolves the criminal-legal conflict between the victim and the accused. Problem Statement. Since state bodies do not prosecute cases of private prosecution, the question arises whether rehabilitation of defendants, against whom the case was terminated or acquitted, is admissible. Currently, the legislation provides rehabilitation in cases of private prosecution only in cases where the court of first instance issued a verdict of guilty, which was subsequently overturned by a higher court. At the same time, the question of whether the accused, against whom there was no conviction and the criminal prosecution was terminated in the court of first instance, is entitled to compensation is not resolved. On the one hand, the accused, being subjected to criminal prosecution, has undergone certain negative consequences. On the other hand, it is not clear whether the private prosecutor should be considered «guilty» of making an unsubstantiated accusation. There is a clear competition between two constitutionally guaranteed rights: the right of the victim to protection from crime, including through independent appeal to court to bring the perpetrator to criminal liability, and the right of the person to compensation of damage caused by unjustified criminal prosecution. Objectives and methods of research. The purpose of the study is to establish the grounds for the emergence of a person’s right to rehabilitation and to compensation for harm caused by unjustified criminal prosecution, to determine the subject and the procedure of compensation for harm. Research objectives: to analyze the legislation on rehabilitation in cases of private prosecution; to systematize the normatively enshrined grounds for the right to rehabilitation in this category of cases; to clarify the possibility of compensation in cases where the criminal prosecution was carried out only by a private prosecutor; to determine the procedure for compensation. The methodological basis of the study was the method of dialectical materialism. General scientific methods of scientific knowledge were used: logical, systematic, functional, induction and deduction, analysis and synthesis, as well as special methods: comparative-legal, formal-legal. Results and key conclusions. In cases of private prosecution it is necessary to distinguish occurrence of the defendant’s right to rehabilitation in the criminal procedural sense (when the court of first instance rendered a guilty verdict, which was subsequently overturned by a higher court), and the right to compensation for damages (when the criminal prosecution was carried out by a private prosecutor and was terminated by the court of first instance). At the same time, the right to compensation arises only if the victim’s actions are malicious and if they constitute crimes such as slander or knowingly false denunciation. In other cases, the victim exercises their constitutional right to access to justice and to protection from crimes.
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Ghandhi, P. R. "Exemplary damages in the English law of tort." Legal Studies 10, no. 2 (July 1990): 182–200. http://dx.doi.org/10.1111/j.1748-121x.1990.tb00599.x.

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At common law, the primary remedy for a successful plaintiff in an action in tort is an award of damages. The plaintiff must be put in the position in which he was before the tort was committed so far as money can do this. In many actions the principle of restitutio in integrum is a sufficient guide to the quantum of damages. But, in other cases, for example, actions for damages for personal injuries or defamation, a highly subjective element is involved. Neither personal injury nor loss of reputation is easily convertible by the use of any yardstick into an exact monetary figure.In some cases, the damages are said to be ‘at large’. This signifies that the award is not limited to the pecuniary loss that can be precisely proved. Where damages are ‘at large’, as they are, for example, in assault, false imprisonment or malicious prosecution, trespass and defamation, they may be conveniently divided into three separate elements. First, there is the compensation for the actual harm caused to the plaintiff by the defendant; in addition to any pecuniary loss specifically proved, the assessment will involve putting a monetary value on the physical hurt in assault, on curtailment of liberty in false imprisonment or malicious prosecution, on injury to reputation in defamation and on inconvenience and disturbance in trespass.
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POLIAKOV, O. "The trends of detection and prevention of using the spyware and malware." INFORMATION AND LAW, no. 2(45) (May 30, 2023): 125–38. http://dx.doi.org/10.37750/2616-6798.2023.2(45).282332.

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The scope of activities of the Russian hackers and cybercriminals in the global dimension has been determined. The goals and tasks of the criminal encroachments of Russian hackers using spyware and malicious software have been revealed. The specifics of cyberattacks carried out by Russian hackers and cybercriminals are detailed. The technical aspect of detecting, blocking and countering the large-scale use of spyware and malicious software in networks in the context of cyber warfare is covered. The threats and risks of using artificial intelligence during cyber attacks are summarized. The examples of the latest developments in the implementation of spyware and malware are given. Attention is focused on the features of the “Wiper” malicious software. The problematic issues of modern regulatory support for the implementation of the fishing domain filtering system in our country are detailed. The human factor of stopping the criminal activity of hackers, which involves physical detention, arrest of perpetrators and criminal prosecution, is highlighted. The content and the directions of cyber rivalry in the conditions of cyber warfare are detailed. The perspectives of the expected criminal activity of Russian hackers and cybercriminals in 2023 are provided. Priorities for combating the consequences of the spread of malicious and spy software in the context of cyber warfare are proposed.
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Dissertations / Theses on the topic "Malicious prosecution"

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Kowalski, Andrzej. "Beyond rule-based legal expert systems : using frames and case-based reasoning to analyze the tort of malicious prosecution." Thesis, University of British Columbia, 1990. http://hdl.handle.net/2429/42045.

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Most legal expert systems to date have been purely rule-based. Case-based reasoning is a methodology for building legal expert systems whereby profiles of cases contained in a database, rather than specific legal rules, direct the outcomes of the system. Frame-based knowledge representation in legal expert systems involves the use of frames to represent legal knowledge. Case-based reasoning and frame-based knowledge representation offer significant advantages over purely rule-based legal expert systems in case-based law. These advantages are realizable by using the deep structure approach to knowledge representation. This involves searching beneath law at the doctrinal level for underlying fact patterns and structures which explain decisions in cases. This is demonstrated by the Malicious Prosecution Consultant, a legal expert system which operates in the domain of the tort of malicious prosecution. The Malicious Prosecution Consultant confirms the results of earlier research at The University of British Columbia, Faculty of Law that it is possible to build legal expert systems in unstructured areas of case-based law with relatively cheap commercially available expert system shells by using the deep structure approach to knowledge representation.
Law, Peter A. Allard School of
Graduate
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Beraldo, Maria Carolina Silveira. "O comportamento dos sujeitos processuais como obstáculo à razoável duração do processo." Universidade de São Paulo, 2010. http://www.teses.usp.br/teses/disponiveis/2/2137/tde-30042013-154154/.

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A lentidão processual é um indicador de ineficiência da justiça e também uma de suas causas. A normal duração dos processos cíveis está comprometida por uma série de fatores, tais como o aumento da litigiosidade, a falta de infraestrutura dos órgãos judiciários e insuficiente utilização das novas tecnologias da informação, a deficiente formação dos juízes e advogados e, particularmente, a falta de efetiva repressão às más condutas dos sujeitos processuais. Este trabalho tem por escopo identificar as condutas processuais irregulares causadoras ou contributivas para a morosidade e traçar parâmetros objetivos para sua repressão. Para tanto, foram estudados os principais aspectos relativos ao comportamento abusivo dos sujeitos processuais que violam o direito à razoável duração do processo e trazem prejuízos processuais e extraprocessuais, tanto às partes envolvidas no litígio, quanto à dignidade da jurisdição. O trabalho busca demonstrar, portanto, que ética, compromisso e cooperação são peçaschave na solução do intrincado problema da lentidão processual e que, para resolvê-lo, não são necessárias alterações legislativas: a adequada aplicação dos atuais mecanismos repressores das condutas iníquas, à luz desses valores, é suficiente para a garantia da razoável duração do processo.
The slowness of judicial procedures is a symptom of the inefficiency of justice and is also one of its causes. The usual duration of civil proceedings is jeopardized by a number of factors, such as the increase in litigiousness, the lack of infrastructure of the judiciary bodies and insufficient use of the new information technologies, the deficient educational level of judges and lawyers, and particularly the absence of an effective repression to abusive conducts of the parties to a lawsuit. The scope of this paper is to identify the improper procedural practices that give rise or contribute to the slowness of justice and to establish objective parameters to repress it. For such purpose, a study was performed on the main aspects related to abusive practices carried out by the litigants, which infringe the right to a reasonable length of proceedings, and bring about an adverse effect in court and out of court, both to the parties involved in the litigation and to the dignity of the jurisdiction. Therefore, the paper searches to demonstrate that ethics, commitment, and cooperation are key components to the solution of the intricate problem of procedural slowness, and that no legislative amendments are required to solve it: in light of such values, the proper application of the existing repressive mechanisms for inequitable conducts is sufficient to guarantee the reasonable length of court proceedings.
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Books on the topic "Malicious prosecution"

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Kadri, Shahid Hussain. Law of defamation & malicious prosecution. Lahore: Umer Khurram Printers, 1994.

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Addad, Avishay. Shimush le-raʻah ba-halikhe mishpaṭ: Haganah diyunit mi-pene nitsul le-raʻah shel zekhut ha-gishah le-ʻarkaʼot = Abuse of legal process. Tel Aviv: Bursi, hotsaʼah le-or shel sifre mishpaṭ, 2013.

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Addad, Avishay. Shimush le-raʻah ba-halikhe mishpaṭ: Haganah nizḳit mi-pene nitsul le-raʻah shel zekhut ha-gishah le-ʻarkaʼot. Tel Aviv: Bursi, 2011.

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Zepeda, Rubén Quintino. Dolo y error: Funciones dogmáticas. Azcapotzalco, México, D. F: Flores, 2010.

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Seli︠u︡kov, A. I. Zhertva opoznanii︠a︡: Ocherki--upolnomochen zashchishchatʹ! 2nd ed. Stavropolʹ: GUP SK "Kraevye seti svi︠a︡zi", 2007.

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1921-, Mehrotra Baikunth Nath, ed. Mehrotra's Law of defamation and malicious prosecution: Civil & criminal. 3rd ed. Allahabad: Law Publishers, 1987.

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Bhowmick, M. L. The law on defamation, false imprisonment, and malicious prosecution. Dhaka: Bangladesh case reports, 1990.

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Ueki, Takao. Ueki Takao ikōshū: Kenryoku hanzai ni kōshite. Tōkyō: Nihon Hyōronsha, 2002.

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Kalra, G. S. Mehrotra's commentary on law of defamation, damages & malicious prosecution: Civil & criminal. Edited by Mehrotra Baikunth Nath 1921- and Kalra G. S. 5th ed. Delhi: Delhi Law House, 2002.

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Mitter, Vishnu. Law of defamation & malicious prosecution: Civil and criminal with model forms of plaints and defences and allied legislations. New Delhi: Universal Law Pub. Co., 2008.

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Book chapters on the topic "Malicious prosecution"

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Kodilinye, Gilbert, and Natalie Corthésy. "Malicious Prosecution." In Commonwealth Caribbean Tort Law, 53–72. 6th ed. London: Routledge, 2022. http://dx.doi.org/10.4324/9781351065108-3.

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"MALICIOUS PROSECUTION." In Caribbean Tort Law, 113–30. Routledge-Cavendish, 2000. http://dx.doi.org/10.4324/9781843141112-11.

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Deakin, Simon, and Zoe Adams. "10. Malicious Prosecution." In Markesinis & Deakin's Tort Law, 368–72. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198747963.003.0010.

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This chapter considers the ingredients of successful action for malicious prosecution. The claimant must show: that the defendant prosecuted him; that the prosecution ended in the defendant’s favour; that there was no reasonable and probable cause for the prosecution; and that the defendant was actuated by ‘malice’. It covers not merely criminal prosecutions but certain forms of abuse of civil process, for example tort claims alleging deceit or malice. Damage also in all cases is a necessary ingredient. The tort, while ancient, is still being actively litigated, and the chapter analyses a number of recent cases in the higher appellate courts.
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Freedman, Eric M. "Interweaving Actions." In Making Habeas Work, 56–59. NYU Press, 2018. http://dx.doi.org/10.18574/nyu/9781479870974.003.0009.

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This Chapter describes how the system of restraints on power during the colonial and early national periods was synergistic yet homeostatic. The synergies arose because aggrieved parties might pursue their remedies simultaneously rather than sequentially. For example, when J.P. Wyseman Claggett of New Hampshire sent James Dwyer to jail pending trial on theft charges, the immediate result was both a criminal indictment for unlawfully altering the order and, as this Chapter details, a false imprisonment action by Dwyer against both Claggett and the constable who conducted the arrest. Yet while interweaving actions amplified the power of the system they also served as stabilizers. If a particular action were abused the victim might have recourse to a damages action of his or her own. For example, as several malicious prosecution cases in this Chapter illustrate, a criminal defendant who secured a favorable outcome could sue a party who had pursued a private criminal prosecution or wrongfully procured initiation of a public criminal prosecution.
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Witting, Christian. "23. Misuse of Process and Public Powers." In Street on Torts. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198700944.003.0023.

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This chapter examines the provisions of tort law concerning misuse of process and public powers. It discusses elements of the three principal causes of action, these being malicious prosecution, abuse of process, and misfeasance in a public office. It highlights the need to balance the protection of individual rights and interests with the conduct of public administration and the administration of justice. This chapter also considers the limits to witness immunity and abuse of the legal process.
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Mulheron, Rachael. "Key Reform Issue for Funded Litigation." In The Modern Doctrines of Champerty and Maintenance, 249—C11N65. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780192898739.003.0011.

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Abstract The Reservation Provision in s 14(2) of the Criminal Law Act 1967 should be retained, in order to secure the application of public policy and the due administration of justice as part of the landscape of funding and of assignments. However, this chapter considers this more controversial question: more than five decades after its statutory abolition, should the doctrine of champerty be reintroduced as a tort in English law, that is, as a cause of action capable of giving rise to damages? Apart from some misgivings regarding the reasoning for abolition expressed by the England and Wales Law Commission in 1966, the principal reason for considering this reform is the recent recognition in English law of the tort of malicious prosecution of civil proceedings, by bare majority, in Willers v Joyce in 2016. Both champerty and the tort of malicious prosecution of civil proceedings belong to that group of ‘abuse of litigation’ torts, and both share the same nuanced (and policy) concerns as to whether they viably serve any purpose as torts. Much can be learnt from Willers v Joyce, especially given that some of the policy arguments which were the subject of such disagreement in that judgment are also highly relevant to any reinstatement of the tort of champerty, and are quite finely balanced. Those parallels—and other relevant arguments for and against—are analysed in this chapter.
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Witting, Christian. "23. Misuse of process and public powers." In Street on Torts, 589–602. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198865506.003.0023.

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This chapter examines the provisions of tort law concerning misuse of process and public powers, these rules having long been features of English law. It discusses elements of the three principal causes of action, which are malicious prosecution (for legal claims brought without reasonable cause), abuse of process (for legal proceedings commenced with a wrongful predominant purpose), and misfeasance in a public office. The chapter highlights the need to balance the protection of individual rights and interests against the conduct of public administration and the administration of justice. This chapter considers also the limits to witness immunity and abuse of the legal process.
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Getzler*, Joshua. "The Fate of the Civil Jury in Late-Victorian England: Malicious Prosecution as a Test Case." In Human Rights and Legal History, 205–24. Oxford University PressOxford, 1994. http://dx.doi.org/10.1093/oso/9780198264965.003.0009.

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Abstract The history of the criminal law in Victorian England can be portrayed as a struggle between judge and jury over who can best assess the moral culpability of the defendant. Judges mistrusted the instincts of a jury, especially in the more lurid cases;1 but the ancient principle that life and liberty should depend on the verdict of one’s peers remained unchallenged.
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Freedman, Eric M. "The Damages Actions Strands of Restraints on Government." In Making Habeas Work, 45–49. NYU Press, 2018. http://dx.doi.org/10.18574/nyu/9781479870974.003.0007.

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Private civil actions for damages against government actors, whether denominated as false imprisonment, malicious prosecution, trespass, negligence, or otherwise, pervaded the common law world of the eighteenth and early nineteenth centuries. Frequent examples included lawsuits against: a magistrate, Justice of the Peace (J.P.) or constable for false imprisonment; a sheriff or deputy for negligent performance of duties connected with civil litigation (such as confinement of a debtor or seizure of goods); or any official for a statutory penalty. Examination of the cases shows juries exercising a wide degree of discretion to do justice, sometimes based on what we would now call issues of fact (e.g. exercise of due care, causation) and sometimes on what we would now call issues of law (e.g. official immunity for actions taken in good faith, damages liability of superior officer for conduct of subordinate (“respondeat superior liability”)).
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Nobles, Calvin, Sharon L. Burton, and Darrell Norman Burrell. "Cybercrime as a Sustained Business." In Handbook of Research on Cybersecurity Risk in Contemporary Business Systems, 98–120. IGI Global, 2023. http://dx.doi.org/10.4018/978-1-6684-7207-1.ch005.

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While cybercrime continues to challenge governments, businesses, and people, cybercriminals are harvesting massive payoffs by engaging in malicious operations. A significant impediment to countering cybercrime is the lack of a standardized definition of cybercrime that transcends international boundaries and hegemonic societies. The extensive taxing on law enforcement organizations to pursue cybercrime across international borders contributes to normalizing cybercrime as a sustained business. As cybercrime evolves and challenges traditional defenses, new types of cybercrime are engineered as digitalization and internet-based activity increase. Unfortunately, policies, policing, legal authorities, and prosecution of cybercrime trail the escalating cybercriminal activity. Cybercriminals are mimicking traditional business models to offer nefarious services such as cybercrime-as-a-service and customer service support. Until progressive action with legal authorization is manifested by international and national organizations, cybercrime will be a sustained business for cybercriminals.
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