128-618: JBR may refer to: People [ edit ] JonBenét Ramsey (1990–1996), American murdered child Jung Bahadur Rana (1817–1877), Nepalese prime minister Other prime ministers of the Rana dynasty Places [ edit ] Jumeirah Beach Residence , a waterfront community in Dubai, UAE Jonesboro Municipal Airport , Arkansas (IATA: JBR ) Other uses [ edit ] JetBrains Runtime , an OpenJDK flavor " Jingle Bell Rock ",
256-545: A Crown prosecutor . Although Scots law is a mixed system, its civil law jurisdiction indicates its civil law heritage. Here, all prosecutions are carried out by Procurators Fiscal and Advocates Depute on behalf of the Lord Advocate , and, in theory, they can direct investigations by Police Scotland . In very serious cases, a Procurator Fiscal, Advocate Depute, or even the Lord Advocate may take charge of
384-483: A grand jury . Two of the lead investigators in the case had opposing views. Both Lou Smit and Steve Thomas ultimately resigned—Smit because he believed that the investigation had incompetently overlooked the intruder hypothesis, and Thomas because the DA's office had interfered with and failed to support the police investigation of the case. A grand jury was convened beginning September 15, 1998, to consider indicting
512-452: A 100% chance of getting her back. You and your family are under constant scrutiny as well as the authorities. Don't try to grow a brain John. You are not the only fat cat around so don't think that killing will be difficult. Don't underestimate us John. Use that good southern common sense of yours. It is up to you now John! Victory! S.B.T.C The only people known to be in the house on
640-464: A 1957 Christmas song by Bobby Helms Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title JBR . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=JBR&oldid=1218263930 " Category : Disambiguation pages Hidden categories: Short description
768-460: A 1999 grand jury had recommended filing charges against the Ramseys for permitting the child to be in a threatening situation . John and Patsy were also accused of hindering the prosecution of an unidentified person who had "committed ... the crime of murder in the first degree and child abuse resulting in death". However, the DA determined that there was insufficient evidence to pursue
896-445: A 2013 investigation found that actual discipline for prosecutorial misconduct was lacking. Prosecutors are also tasked with seeking justice in their prosecutions. "The United States Attorney," explained the U.S. Supreme Court, is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all, and whose interest, therefore, in
1024-537: A brief period between 2010 and 2016, the position of Public Prosecutor General has been held concurrently by the Minister of Justice. Prosecutors are public officials who are members of the Prosecutor's Office. Prosecutors can conduct crime investigations directly or indirectly. They are responsible for the entire process of investigations and court prosecutions. Since Korean modern law was designed after civil law,
1152-470: A broken skull, and a garrote was tied around her neck. The autopsy report stated that JonBenét's official cause of death was " asphyxia by strangulation associated with craniocerebral trauma ". Her death was ruled a homicide . The case generated worldwide public and media interest, in part because her mother Patsy Ramsey , a former beauty queen, had entered JonBenét into a series of child beauty pageants . The Boulder police initially suspected that
1280-401: A child to be unreasonably placed in a situation that posed a threat of injury to the child's life or health, which resulted in the death of JonBenét Ramsey, a child under the age of sixteen." Among the experts who testified in the case were DNA specialist Barry Scheck and forensic expert Henry Lee . On October 13, 1999, Alex Hunter, who was the district attorney at the time, refused to sign
1408-902: A criminal investigation but cannot prevent one ( droit d'injonction positive / positief injunctierecht ). In Brazil, the public prosecutors form a body of autonomous civil servants—the Public Ministry ( Ministério Público )—working both at the federal and state level. Members of the Federal Prosecution Service are divided in three ranks, according to the jurisdiction of the courts before which they officiate. Federal Prosecutors ( Procuradores da República ) officiate before single judges and lower courts, Federal Circuit Prosecutors ( procuradores regionais da República ) before federal appellate courts, and Associate Federal Prosecutors General ( subprocuradores gerais da República ) before superior federal courts. The Prosecutor General of
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#17327801254611536-468: A criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the two-fold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor—indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce
1664-487: A criminal trial, prosecutors must introduce and explain the case to the trier of fact, i.e., judges or jury. They generally suggest a reasonable sentence which the court is not obligated to follow; the court may decide on a tougher or softer sentence. Crown prosecutors also have a number of administrative duties. They may advise the court during civil actions. Under Belgian law, judges and prosecutors are judicial officers with equal rank and pay. The Minister of Justice can order
1792-401: A cursory search of the house but did not find any sign of forced entry. Officer Rick French went to the basement and came to a door that was secured by an additional wooden latch at the top of the door frame. He paused for a moment in front of the door, but walked away without opening it. French later explained that he was looking for an exit route used by the kidnapper; since the wooden latch
1920-519: A detective in the case, assessed the evidence and concluded that an intruder had committed the crime. On the night JonBenét was killed, there had been two windows that were left slightly open to allow for electrical cords for the outside Christmas lights to pass through, a broken basement window, and one unlocked door. Smit's theory was that someone entered the Ramsey home through the broken basement window. Critics have questioned this theory, because there
2048-477: A few distinct species. Prosecutors of minor criminal cases in lower courts are police sergeants with a traineeship in prosecution and advocacy lasting approximately one year in duration, although they may hold law degrees. Crown Prosecutors are always lawyers and typically barristers, and they represent the state or Commonwealth in serious criminal cases in higher courts, County Court and above. Aside from police prosecutors and Crown prosecutors, government agencies have
2176-437: A few hours before her death. Photographs of the home taken on the day when JonBenét's body was found show a bowl of pineapple on the kitchen table with a spoon in it. However, neither John nor Patsy said they remembered putting the bowl on the table or feeding pineapple to JonBenét. Police reported that they found Patsy Ramsey's fingerprints on the bowl. In December 2003, forensic investigators extracted enough material from
2304-431: A judicial inquest. With a judge investigating, Crown prosecutors do not conduct the interrogatories, but simply lay out the scope of the crimes which the judge and law enforcement forces investigate ( la saisine ). Like defense counsel, Crown prosecutors can request or suggest further investigation be carried out. The Crown prosecutor is in charge of policy decisions and may prioritize cases and procedures as need be. During
2432-553: A long handwritten ransom note that was reportedly found in the home, had been written by Patsy, and that the note and appearance of JonBenét's body had been staged by Patsy and her husband, John , in order to cover up the death. In 1999, the police and district attorney (DA) both said that JonBenét's brother Burke, who was nine years old at the time of her death, was not a suspect. JonBenét's parents gave several televised interviews, but resisted police questioning except on their own terms. In 2013, unsealed court documents revealed that
2560-561: A mixed blood sample found on JonBenét's underwear to establish a DNA profile. That DNA belonged to an unknown male person, and excluded the DNA of each of the Ramseys. The DNA was submitted to the FBI's Combined DNA Index System (CODIS), a database containing more than 1.6 million DNA profiles, but the sample did not match any profile in the database. In October 2016, a report said that new forensic analysis with more sensitive techniques revealed that
2688-515: A news reporter that Burke Ramsey was not involved in the killing of his sister. In May 1999, the Boulder County District Attorney's office reiterated that Burke Ramsey was not a suspect. The investigators had never considered him a suspect. The Ramseys offered a $ 100,000 reward in a newspaper ad dated April 27, 1997. Three days later, more than four months after the body of their daughter was found, they submitted for
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#17327801254612816-445: A note to be written at the crime scene. The police believed that the note was staged, because it did not have any fingerprints except for Patsy's and authorities who had handled it, and because it included an unusual use of exclamation marks and initialisms. The note and a practice draft were written with a pen and notepad from the Ramsey home. According to a Colorado Bureau of Investigation (CBI) report, "There are indications that
2944-416: A paintbrush was tied around JonBenét's neck and had apparently been used to strangle her. Part of the bristle end of the paintbrush was found in a tub containing Patsy's art supplies, but the bottom third of it was never found despite extensive searching of the house by the police in subsequent days. The autopsy revealed a "vegetable or fruit material which may represent pineapple ," which JonBenét had eaten
3072-553: A police investigation. It is at the discretion of the Procurator Fiscal, Advocate Depute, or Lord Advocate to take a prosecution to court, and to decide on whether or not to prosecute it under solemn procedure or summary procedure . Other remedies are open to a prosecutor in Scotland, including fiscal fines and non-court based interventions, such as rehabilitation and social work . All prosecutions are handled within
3200-454: A preliminary interview for more than two hours, and Burke was also interviewed within the first couple of weeks following JonBenét's death. The autopsy revealed that JonBenét was killed by strangulation and a skull fracture . The official cause of death was " asphyxia by strangulation associated with craniocerebral trauma ." There was no evidence of conventional rape , although sexual assault could not be ruled out. Although no semen
3328-548: A prosecutor from the independent 'Wooler' review; the Environmental, Food and Rural Affairs Committee and the Justice Select Committee, given they also investigate the offences and campaign politically for animal rights. The ongoing issues with private prosecutions outlined above has led to the Justice Select Committee calling for a closer examination of the process and regulation by government. It
3456-452: A ransom note was left. Smit's theory was supported by former FBI agent John E. Douglas , who had been hired by the Ramsey family. Believing that the Ramseys were innocent, Smit resigned from the investigation on September 20, 1998, five days after the grand jury was convened against the Ramseys. While no longer an official investigator on the case, Smit continued to work on it until his death in 2010. Prosecution A prosecutor
3584-426: A reasonable doubt that is required for a criminal conviction. Mary Lacy, the next Boulder County District Attorney, took over the investigation from the police on December 26, 2002. In April 2003, she agreed with a federal judge who sat on a 2002 libel case that evidence in the suit is "more consistent with a theory that an intruder murdered JonBenét than it was with a theory that Mrs. Ramsey did". On July 9, 2008,
3712-477: A show broadcast on CBS on September 18 and 19, 2016, used a group of experts to evaluate the evidence. The group theorized that Burke hit his sister in the head with a heavy object (possibly a flashlight) after she stole a piece of pineapple from his bowl, perhaps not intending to kill her. They suggested that the ransom letter was an attempt to cover up the circumstances of JonBenét's death. On behalf of Burke Ramsey, his counsel filed defamation lawsuits against CBS,
3840-448: A stray dog, she dies. If you alert bank authorities, she dies. If the money is in any way marked or tampered with, she dies. You will be scanned for electronic devices and if any are found, she dies. You can try to deceive us but be warned that we are familiar with law enforcement countermeasures and tactics. You stand a 99% chance of killing your daughter if you try to out smart [ sic ] us. Follow our instructions and you stand
3968-626: A subsidiary of Lockheed Martin . His first marriage ended in divorce in 1978. In 1991, John had moved with Patsy, his second wife, and family to Boulder, where Access Graphics' headquarters was located. Patsy Ramsey entered JonBenét in various child beauty pageants in Boulder, where she won the titles of America's Royale Miss, Little Miss Charlevoix, Little Miss Colorado, Colorado State All-Star Kids Cover Girl, and National Tiny Miss Beauty. JonBenét's active role in child beauty pageants and Patsy's reported " pageant mother " behavior were reported by
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4096-407: A successful indictment . In 2002, the DA's successor took over investigation of the case from the police and primarily pursued the theory that an intruder had committed the killing. In 2003, trace DNA that was taken from JonBenét's clothes was found to belong to an unknown male; each of the family's DNA had been excluded from this match. The DA sent the Ramseys a letter of apology in 2008, declaring
4224-432: A suspect; family housekeeper Linda Hoffmann-Pugh; and a man named Michael Helgoth, who died in an apparent suicide shortly after JonBenét's death. Hundreds of DNA tests were performed to find a match to the DNA recovered during her autopsy. In a 2003 defamation lawsuit related to the case ( Wolf v. Ramsey ), involving the Ramseys publicly identifying an early suspect in the case, Judge Julie E. Carnes wrote: Lou Smit,
4352-484: A wrongful conviction as it is to use every legitimate means to bring about a just one. Prosecutors in some jurisdictions have the discretion to not pursue criminal charges, even when there is probable cause , if they determine that there is no reasonable likelihood of conviction. Prosecutors may dismiss charges in this situation by seeking a voluntary dismissal or nolle prosequi . In Kentucky, Massachusetts, Pennsylvania, and Virginia, criminal prosecutions are brought in
4480-415: Is a legal representative of the prosecution in states with either the adversarial system , which is adopted in common law , or inquisitorial system , which is adopted in civil law . The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant , an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in
4608-411: Is absurd." He also stated that the unknown DNA from JonBenet's clothing "has got to be the focus of the investigation" at this point in time and that, until one can prove otherwise, "the suspect is the donator of that unknown DNA." In 2016, Gordon Coombes, a former investigator for the Boulder County District Attorney's office, also questioned total absolution of the Ramseys, stating, "We all shed DNA all
4736-413: Is based on the prosecutor's objective assessment of the evidence, including the impact of any defence and any other information that the suspect has put forward or on which they might rely. It means that an objective, impartial, and reasonable jury or bench of magistrates or judge hearing a case alone, properly directed and acting in accordance with the law, is more likely than not to convict the defendant of
4864-538: Is different from Wikidata All article disambiguation pages All disambiguation pages JonBen%C3%A9t Ramsey JonBenét Patricia Ramsey (August 6, 1990 – December 25 or 26, 1996) was an American child beauty queen who was killed at age six in her family's home at 755 15th Street in Boulder, Colorado , on the night of December 25, 1996. Her body was found in the house's basement about seven hours after she had been reported missing . She had sustained
4992-466: Is indeed carried out. They are obligated under the Constitution to initiate preliminary investigations once they are informed or take personal notice of a criminal act— notitia criminis —or receive a bill of complaint. They can direct investigations or conduct them through orders and directives given to (judicial) police detectives, who can make their own parallel investigations in coordination with
5120-415: Is no forensic evidence to show that this is a stranger murder." Experts, media commentators, and the Ramseys have identified potential suspects in the case. Boulder police initially focused almost exclusively upon John and Patsy, but by October 1997 had over 1,600 people in their index of persons of interest for the case. Errors that were made in the initial investigation complicated the resolution of
5248-513: Is safe and unharmed and if you want her to see 1997, you must follow our instructions to the letter. You will withdraw $ 118,000.00 from your account. $ 100,000 will be in $ 100 bills and the remaining $ 18,000 in $ 20 bills. Make sure that you bring an adequate size attache to the bank. When you get home you will put the money in a brown paper bag. I will call you between 8 and 10 am tomorrow to instruct you on delivery. The delivery will be exhausting so I advise you to be rested. If we monitor you getting
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5376-430: Is that Patsy struck JonBenét in a fit of rage after a bedwetting episode, and strangled her to cover up what had happened, after mistakenly thinking she was already dead. However, Patsy did not have a known history of uncontrolled anger. JonBenét's brother Burke Ramsey later said, "We didn't get spanked, nothing of the sort, nothing close, nothing near laying a finger on us, let alone killing your child." Theoretically,
5504-433: Is under an obligation to investigate and present information that may incriminate or exonerate the defendant. The prosecutor is not a judicial officer, nor do they participate in the private deliberations of the court. Public prosecutors are the only public officers who can decide to appeal cases to appellate courts . Otherwise, appeals are initiated by defense counsel, the plaintiff, their representatives, and other parties to
5632-615: Is usually practically difficult for an individual to bring a private prosecution given the high cost – estimated by the Ministry of Justice at £8,500 on average. Even if a private prosecutor is not legally qualified, they must meet the usual legal requirements lawyers must undertake including the Criminal Procedure Rules and appropriate disclosure standards. The DPP has authority to take over any prosecution instituted by another person or organisation, and to discontinue
5760-404: Is wide, a list of the offences can be found at Annex 1 of Consents to Prosecute . In England and Wales, there is a statutorily protected common law right for any person to institute a private prosecution. This right is retained by section 6(1) Prosecution of Offenders Act 1985 . Some organisations regularly use private prosecutions on a large scale to achieve an institutional goal, for example
5888-474: The Court of Cassation ) and his deputies and assistants ( avocats généraux and substituts ). The Chief Prosecutor generally initiates preliminary investigations and, if necessary, asks that an examining judge ( juge d'instruction ) be assigned to lead a formal judicial investigation. When an investigation is led by a judge, the prosecutor plays a supervisory role, defining the scope of the crimes being examined by
6016-470: The Crown Office and Procurator Fiscal Service . Procurators fiscal will usually refer cases involving minors to Children's Hearings , which are not courts of law, but a panel of lay members empowered to act in the interests of the child. The United States is the only country in the world where citizens elect prosecutors. The director of a prosecution office is known by any of several names depending on
6144-936: The Ministry of Justice are largely prosecutors. The highest-ranking prosecutor office of the Prokuratura in Poland is the Prokurator Generalny ( General Prosecutor ), who is the chief of the Prokuratura Krajowa (National Public Prosecutor's Office). The GP has 5 deputies. The structure of Public Prosecution in Poland is four-level: Prokuratura Krajowa — National Public Prosecutor's Office; prokuratury regionalne — provincial public prosecutor's offices (11); prokuratury okręgowe — regional public prosecutor's offices (45); and prokuratury rejonowe — district public prosecutor's offices (358). Apart from
6272-486: The Serious Fraud Office (SFO), Service Prosecuting Authority (SPA), and Financial Conduct Authority (FCA). These organisations and their legal representatives may be called prosecutors. This is the same for any person, organisation, or their representatives during a private prosecution . Finally, when cases are brought to trial, a barrister or solicitor with higher rights of audience may present
6400-427: The statute of limitations for the crimes identified in the 1999 grand jury true bill had expired, and did not pursue review of the case against the Ramseys. In October 2010, the Boulder police reopened the cold case. New interviews were conducted following a fresh inquiry by a committee that included state and federal investigators. Police were expected to use the latest DNA technology in their investigation. There
6528-664: The Attorney General is not a prosecutor in England and Wales. Instead, the role is a political office of the chief legal advisor to the executive . Crown Prosecutors are lawyers who work for the CPS. They are responsible for researching, advising police investigations, preparing cases for trial and sometimes presenting the case at trial. These lawyers may also be referred to as prosecutors. A number of other bodies have authority to bring prosecutions in England and Wales, including
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#17327801254616656-567: The Boulder District Attorney's office announced that, as a result of newly developed DNA sampling and testing techniques ( touch DNA analysis), the Ramsey family members were excluded as suspects in the case. Lacy publicly exonerated the Ramseys. On February 2, 2009, Boulder police chief Mark Beckner announced that Stan Garnett, the new Boulder County District Attorney, was turning the case over to his agency, and that his team would resume investigating it. Garnett found that
6784-493: The Boulder police with other staff members of the DA's Office, concluding that the evidence pointed away from the Ramseys. They were unable to successfully challenge the police department's belief that the Ramseys were guilty. The DA's office sought to take control of the investigation. Due to the animosity between the police and the DA's office, and the pressure to obtain a conviction, Colorado governor Roy Romer interceded and named Michael Kane as special prosecutor to initiate
6912-512: The Brazilian constitution to bring action against private individuals, commercial enterprises, and the federal, state and municipal governments, in the defense of minorities, the environment, consumers, and the civil society in general. In France, the Office of the Prosecutor includes a Chief Prosecutor ( Procureur de la République in trial courts and procureur général in appellate courts or
7040-614: The CPS. Nevertheless, these prosecutors will follow the standards set by the Code of Crown Prosecutors alongside their own prosecution policies, which may deal with issues specific to the types of crime they engage with. There may, at times, be confusion as to which agency is responsible for having brought a prosecution. Which agency is prosecuting may affect whether an offence can be properly tried, as not all agencies can investigate and prosecute all offences. In R v Stafford Justices ex parte Customs and Excise Commissioners (1991) 2 All ER 201, it
7168-1064: The Chief General Prosecutor before the Corte di Cassazione , the Supreme Court of Italy. Prosecutors are allowed during their career to act in the other's stead, although a ruling by the Constitutional Court of Italy stated that prosecutors who wish to become judges must relocate to another region and are prohibited to sit or hear trials that they themselves initiated. In Japan, Public Prosecutors ( 検察官 , kensatsu-kan ) are professional officials who have considerable powers of investigation, prosecution, superintendence of criminal execution and so on. Prosecutors can direct police for investigation purposes, and sometimes investigate directly. Only prosecutors can prosecute criminals in principle, and prosecutors can decide whether to prosecute or not. High-ranking officials of
7296-617: The DNA, having shown up identically in several different places on multiple surfaces, belongs to the killer. Former Adams County, Colorado, District Attorney Bob Grant, who has assisted the Boulder DA's office on the case for many years, also believes that the DNA evidence is significant, saying that any resolution of the case would have to explain how the DNA showed up on several pieces of JonBenét's clothing. Forensic pathologist Michael Baden said, "Trace amounts of DNA can get on places and clothing from all different, nonsuspicious means. There
7424-539: The DPP may be referred to as a prosecutor, the individual in the role would not take any cases to court. The DPP is appointed by His Majesty's Attorney General for England and Wales , and the Attorney General also has supervisory authority as the sponsor of the CPS; however, the CPS is an independent body and the Attorney General cannot direct particular prosecutions. Unlike in the United States and other jurisdictions,
7552-483: The Director's Guidance on Charging. The first stage in prosecuting a case is deciding to charge the suspect, and it is this process which begins the prosecution. The CPS has the authority to decide whether a person is charged in all offences. However, the police may charge all summary offences , and either-way offences when there is an anticipated guilty plea . The nature of the offence is suitable for sentence in
7680-418: The Prosecutor. If enough evidence has been gathered in order to proceed, the prosecution is compulsory and it must move from preliminary investigations to initiate trial proceedings. At trial, the prosecuting attorney has to handle the prosecution but has an overarching duty to promote justice. In practice, this duty means that prosecutors are prohibited from withholding exculpatory evidence and must request that
7808-424: The Ramseys for charges relating to the case. In 1999, the grand jury returned a true bill to charge the Ramseys with placing the child at risk in a way that led to her death, based on the probable cause standard applied in such grand jury proceedings. But Boulder County District Attorney Alex Hunter did not prosecute them, because he did not believe that he could meet the higher standard of proving guilt beyond
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#17327801254617936-570: The Republic ( Procurador Geral da República ) heads the federal body, and tries cases before the Brazilian Supreme Court . At the state level, the career is usually divided in state prosecutors ( promotores de Justiça ) who practice before the lower courts and state apellate prosecutors ( procuradores de Justiça ) who practice before the state courts of appeals. There are also military prosecutors whose career, although linked to
8064-506: The Senior Crown prosecutor ( Procureur du Roi/Procureur des Konings in trial courts and Procureur Général/Procureur-Generaal in appellate courts) is supported by subordinate Crown prosecutors ( substituts/substituten ). They open preliminary investigations and can hold a suspect in custody for up to 48 hours. When necessary, a Crown prosecutor will request an examining judge ( juge d'instruction / onderzoeksrechter ) be appointed to lead
8192-667: The United States, Rule 3.8 of the ABA Model Rules of Professional Conduct requires prosecutors to "make timely disclosure to the defense of all evidence or information that tends to negate the guilt of the accused or mitigates the offense." Not all U.S. states adopt the model rules; however, U.S. Supreme Court cases and other appellate cases have ruled that such disclosure is required. Typical sources of ethical requirements imposed on prosecutors come from appellate court opinions, state or federal court rules, and state or federal statutes (codified laws). In most Commonwealth Nations ,
8320-479: The United States, these prosecuting barristers will work on a case-by-case basis, and so may also engage in defence work; they will not be employed solely to undertake prosecution advocacy. Crown Prosecutors are bound by a strict code of conduct, known as the Code for Crown Prosecutors , which governs how cases are charged and trials conducted. This fundamental code is supported by a range of other policies, most notably
8448-542: The actual work of the office. United States Attorneys are appointed by the President and confirmed by the United States Senate . They represent the federal government in federal court in both civil and criminal cases. Private attorneys general can bring criminal cases on behalf of private parties in some states. Prosecutors are required by state and federal laws to follow certain rules. For example,
8576-408: The author of the ransom note is Patricia Ramsey." However, the evidence fell short of a definitive conclusion. Michael Baden , a board-certified forensic pathologist , who had consulted with both sides of the case, said he had never seen a note like it in his 60-year experience and that he did not think it was written by an outside stranger. A federal court ruled it highly unlikely that Patsy wrote
8704-506: The authority to appoint non-lawyers to prosecute on their behalf, such as the RSPCA Inspectors. In Canada, public prosecutors in most provinces are called Crown Attorney or Crown Counsel . They are generally appointed by the provincial Attorney-General. The prosecution landscape in England and Wales is highly varied, meaning that a prosecutor can refer to a number of different individuals and roles. The primary prosecutor in
8832-424: The case before a magistrate or a judge (with or without a jury ). In these instances, referring to the prosecutor would refer to the lawyer conducting the case during trial. In most serious offences, the CPS or other prosecuting authority will instruct a barrister to represent them. In the most serious cases, this may be a King's Counsel , and barristers may work in teams with a leader directing juniors. Unlike in
8960-547: The case brought against the accused person. Prosecutors are typically lawyers who possess a law degree and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been admitted to the bar or obtained a comparable qualification where available, such as solicitor advocates in England law . They become involved in a criminal case once a suspect has been identified and charges need to be filed. They are employed by an office of
9088-528: The case focused on JonBenét's brief beauty pageant career, as well as her parents' wealth and the unusual evidence found in the case. Media reports questioned how the police handled the investigation. Ramsey family members and their friends have filed defamation suits against several media organizations. The crime is still considered a cold case and remains an open investigation with the Boulder Police Department. JonBenét Patricia Ramsey
9216-489: The case of very serious matters, the DPP will be asked by the police, during the investigation, to advise them on the sufficiency of evidence and may well be asked to prepare an application to the relevant court for search, listening device or telecommunications interception warrants. More recent constitutions, such as South Africa's , guarantee the independence and impartiality of the DPP. Prosecutors in Australia come in
9344-467: The case to the CPS' attention and yet it is a case that merits the prosecution being conducted by a public prosecuting authority rather than by a private individual. In New Zealand, most crimes are prosecuted by a Police Prosecutor, an employee of the New Zealand Police . The most serious crimes, which are about 5% of all crimes, is outsourced to a lawyer working at private law firm known as
9472-481: The charge alleged. This is a different test from the one that the criminal courts themselves must apply. A court may only convict if it is sure that the defendant is guilty. It has never been the rule that a prosecution will automatically take place once the evidential stage is met. A prosecution will usually take place unless the prosecutor is satisfied that there are public interest factors tending against prosecution which outweigh those tending in favour. In some cases
9600-579: The death of their daughter. The Ramseys had said that their reluctance was due to their fear that there would not be a full investigation for intruders, and that they would be hastily selected as the key suspects in the case, according to the Daily Camera . John Edward Douglas (born June 18, 1945) is an American retired special agent and unit chief in the United States Federal Bureau of Investigation (FBI). John Douglas
9728-497: The defense and the plaintiff are both represented by common lawyers, who sit (on chairs) on the courtroom floor, the prosecutor sits on a platform as the judge does, although he doesn't participate in deliberation. Judges and prosecutors are trained at the same school, and regard one other as colleagues. In Germany, the Staatsanwalt ("state attorney") is a life-tenured public official in the senior judicial service belonging to
9856-819: The defense attorney. If the Staatsanwalt is not convinced of the defendant's guilt, the state attorney is required to plead against or in favor of the defendant according to the prosecutor's own assessment. Prosecution is compulsory if the prosecutor has sufficient evidence to convict. In Italy, a Prosecutor's Office is composed of a Chief Prosecutor ( procuratore capo ) assisted by deputies ( procuratori aggiunti ) and assistants ( sostituti procuratori ). Prosecutors in Italy are judicial officers just like judges and are ceremonially referred to as Pubblico Ministero ("Public Ministry" or P.M.). Italian Prosecutors officiate as custos legis , being responsible to ensure that justice
9984-457: The exception of those rare cases in which Brazilian law allows for private prosecution. In such cases, the prosecutor will officiate as custos legis , being responsible to ensure that justice is indeed carried out. Although empowered by law to do so, prosecutors conduct criminal investigations only in major cases, usually involving police or public officials' wrongdoings. Also, they are in charge of external control over police activity and requesting
10112-404: The family was "completely cleared" by the DNA results. Others, including former Boulder police chief Mark Beckner, disagreed with exonerating the Ramseys, characterizing the DNA as a small piece of evidence that was not proven to have any connection to the crime. In 2009, the Boulder police took the case back from the DA and reopened the investigation. National and international media coverage of
10240-424: The federal prosecutors, is divided in a manner similar to state prosecutors. In Brazil, the prosecutors' main job is to promote justice, as such they have the duty of not only trying criminal cases, but, if during the trial, they become convinced of a defendant's innocence, requesting the judge to acquit him. The prosecutor's office has always the last word on whether criminal offenses will or will not be charged, with
10368-527: The first time to separate formal interviews at the Boulder County Justice Center. In 1999, Colorado Governor Bill Owens spoke out, telling the Ramsey couple to "quit hiding behind their attorneys, quit hiding behind their PR firm". A Colorado grand jury voted in 1999 to indict the parents. The indictment cited "two counts each of child abuse" and said the parents "did unlawfully, knowingly, recklessly and feloniously permit
10496-444: The government must disclose exculpatory evidence to the defense; must disclose matters affecting the credibility of prosecution witnesses, such as an agreement to dismiss the witness's own charges in exchange for their testimony; must not destroy potentially useful evidence in bad faith; and must not use false testimony to secure a conviction. Failure to follow these rules may result in a finding of prosecutorial misconduct , although
10624-464: The government, with safeguards in place to ensure such an office can successfully pursue the prosecution of government officials. Multiple offices exist in a single country, especially in those countries with federal governments where sovereignty has been bifurcated or devolved in some way. Since the power of the state backs prosecutors, they are subject to special professional responsibility rules in addition to those binding all lawyers. For example, in
10752-516: The head of the prosecuting authority is known as the director of public prosecutions (DPP) and is appointed, not elected. A DPP may be subject to varying degrees of control by the attorney general , a formal written directive which must be published. In Australia, the Offices of the Director of Public Prosecutions institute prosecutions for indictable offences on behalf of the Crown . At least in
10880-402: The indictment, saying that the evidence was insufficient for prosecution. The public thought that the grand jury investigation had been inconclusive. In 2002, the statute of limitations on the grand jury's charges expired. The grand jury's vote to indict was not revealed publicly until October 25, 2013, when previously sealed court documents were released. The Case of: JonBenét Ramsey ,
11008-495: The initiation of a police investigation. The power of individual prosecutors to hold criminal investigations was controversial and, although massively supported by judges, prosecutors and the general population, it was contested before the Supremo Tribunal Federal, but in 2015, this Court decided favorably to its power (RGE n. 593.727-MG). According to a 2012 law, the chief of police ( delegado de polícia ), as
11136-520: The investigation and applicable theory. Those errors included loss and contamination of evidence, lack of experienced and technical staff on the investigation, evidence shared with the Ramseys, and delayed informal interviews with the parents. Lou Smit was a detective who came out of retirement in early 1997 to assist the Boulder County District Attorney 's office with the case. In May 1998, he presented his findings to
11264-476: The investigation and arrest of the suspect, even though the suspect is taken to the police station to be charged by a custody officer. The CPS advise that another prosecuting authority should probably conduct a case if any of the following factors apply: Prosecutions under certain acts require the consent of the Attorney General or DPP before they can proceed. In practice, the following types of consent may be required: The range of offences which require consent
11392-539: The judge acquit the defendant if, during the trial, the prosecutor becomes convinced of the defendant's innocence, or agrees that there is no evidence that proves his guilt beyond any reasonable doubt. In appellate courts, the Office of the Prosecutor is called Procura Generale and the Chief Prosecutor the Procuratore Generale (PG). The Procuratore Generale presso la Corte di Cassazione is
11520-581: The judge and law enforcement forces. Like defense counsel, the chief prosecutor may petition or move for further investigation. During criminal proceedings , prosecutors are responsible for presenting the case at trial to either the bench or the jury . Prosecutors generally suggest advisory sentencing guidelines, but the sentence remains at the court's discretion to decide, to increase or reduce as it sees fit. In addition, prosecutors have several administrative duties. Prosecutors are considered magistrates under French law, as in most civil law countries. While
11648-655: The jurisdiction is the Crown Prosecution Service (CPS), which is led by the Director of Public Prosecutions (DPP). The CPS prosecutes on behalf of the Crown and also takes forward prosecutions originating from police investigations. While the DPP must be a suitably qualified lawyer under section 71 of the Courts and Legal Services Act 1990 , the DPP does not take on cases themselves and instead plays an administrative and leadership role. In this way, while
11776-421: The jurisdiction, most commonly district attorney . Other names include state's attorney , state attorney , county attorney , and commonwealth's attorney . The prosecution is the legal party responsible for presenting the case against an individual or a corporation suspected of breaking the law, initiating and directing further criminal investigations, guiding and recommending the sentencing of offenders, and are
11904-400: The kidnapper(s), but there was never an attempt by anyone to claim the money. At 1:00 p.m. MST, Detective Arndt asked John Ramsey and Fleet White, a family friend, to search the house to see if "anything seemed amiss." They started their search in the basement. John opened the latched door which Officer French had overlooked; his daughter's body lay in one of the rooms. JonBenét's mouth
12032-496: The magistrates' court. In order to charge, the circumstances must meet the Full Code Test. In some urgent cases, a lower Threshold Test can be applied to get a charge quickly; however, the Full Code Test must then be applied at the earliest opportunity. The Full Code Test has two stages; both parts are equal and must be met before a prosecution can be brought. The finding that there is a realistic prospect of conviction
12160-447: The majority of people have decided the solution based on statistics. I know of no other case in which the public substantially believes what has been reported in the tabloids. I know of no other case in which the mainline media have let the tabloids take the lead and then reported on their reporting. And I know of no other case in which largely respectable television programs have so tried to outdo each other in sensationalism." One theory
12288-604: The material to be relied on at this stage is capable of being: The Threshold Test must be kept under proactive and continuous review, and should only be used in rare and urgent circumstances. State investigative agencies such as the Serious Fraud Office (SFO) and the Financial Conduct Authority (FCA), alongside independent prosecutors like the Service Prosecuting Authority , may all bring prosecutions themselves without using
12416-520: The media after the murder. In the summer of 1997—approximately six months after JonBenét's death—the Ramseys moved to a new home in Atlanta after a summer at their vacation retreat in Charlevoix, Michigan . Patsy died of ovarian cancer at age 49 in 2006; she was interred next to her daughter. Scott Gibbons, a neighbor, claimed that around midnight, while looking from his kitchen window, he saw
12544-566: The money early, we might call you early to arrange an earlier delivery of the money and hence a [ sic ] earlier delivery pick-up of your daughter. Any deviation of my instructions will result in the immediate execution of your daughter. You will also be denied her remains for proper burial. The two gentlemen watching over your daughter do particularly like you so I advise you not to provoke them. Speaking to anyone about your situation, such as Police, F.B.I., etc., will result in your daughter being beheaded. If we catch you talking to
12672-641: The name of the Commonwealth . In California, Colorado , Illinois , Michigan, and New York, criminal prosecutions are brought in the name of the People. In the remaining states, criminal prosecutions are brought in the name of the State. Prosecutors are typically civil servants who possess a university degree in law and additional training in the administration of justice. In some countries, such as France and Italy , they are classed as judges. In Belgium,
12800-400: The night of JonBenét's death were her immediate family: Patsy and John Ramsey and their son Burke. The ransom note contained specific instructions against contacting police and friends, but Patsy telephoned the police at 5:52 a.m. MST . She also called family and friends. Two police officers responded to the 9-1-1 call and arrived at the Ramsey home within three minutes. They conducted
12928-476: The note, citing six certified handwriting experts. The court bemoaned the existence of self-proclaimed experts—without credentials—trying to enter the case by accusing Patsy without scientific basis. Mr. Ramsey, Listen carefully! We are a group of individuals that represent a small foreign faction. We do respect your bussiness [ sic ] but not the country that it serves. At this time we have your daughter in our posession [ sic ]. She
13056-1871: The only attorneys allowed to participate in grand jury proceedings. The titles of prosecutors in state courts vary from state to state and level of government (i.e. city, county, and state) and include the terms District Attorney in New York , California , Texas , Pennsylvania , Delaware , Massachusetts , North Carolina , Georgia , Nevada , Wisconsin , Oregon , and Oklahoma ; City Attorney in California cities (typically prosecute only minor and misdemeanor offenses) Commonwealth's Attorney in Kentucky and Virginia ; County Attorney in Nebraska , Minnesota , and Arizona ; County Prosecutor in New Jersey , Ohio , and Indiana ; District Attorney General in Tennessee; Prosecuting Attorney in Arkansas , Hawaii , Idaho , Michigan , Washington , and West Virginia , as well as in Missouri where cities additionally use City Attorneys to prosecute on their behalf; State's Attorney in Connecticut, Florida, Illinois, Maryland, North Dakota, and Vermont; State Prosecutor; Attorney General in Delaware and Rhode Island; and Solicitor in South Carolina. Prosecutors are most often chosen through local elections, and typically hire other attorneys as deputies or assistants to conduct most of
13184-452: The original DNA contained genetic markers from two individuals other than JonBenét. A. James Kolar, who was a lead investigator for the DA's office, said that there were additional traces of male DNA found on the cord and paintbrush that Boulder district attorney Mary Lacy did not mention, and that there were six separate DNA samples belonging to unknown individuals that were found by the test. Former FBI profiler Candice Delong believes that
13312-418: The parents, John and Patsy Ramsey. According to Gregg McCrary , a retired profiler with the FBI, "statistically, it is a 12-to-1 probability that it's a family member or a care giver" who is involved in the homicide of a child. The police saw no evidence of a forced entry, but they did see evidence of staging of the scene, such as the ransom note. They did not find the Ramseys cooperative in helping them solve
13440-536: The police authority, is responsible for conducting the criminal investigation in Brazil by means of a police investigation ( inquérito policial ) or other procedure provided by law that has the purpose of ascertaining the circumstances, materiality, and authorship of criminal offenses. Similar provisions are found in the Code of Criminal Procedure and in article 144 of the federal constitution. Beside their criminal duties, Brazilian prosecutors are among those authorized by
13568-412: The producers of the program, and several of its participants, based on many of its claims. The police and the prosecutors followed leads for intruders partly due to the unidentified boot mark left in the basement room where JonBenét's body was found. Early persons of interest included neighbor Bill McReynolds, who played Santa Claus ; Chris Wolf, a local reporter whose then-girlfriend reported him as
13696-411: The prosecution if they see fit. The CPS have set out public guidance on when they will take over a prosecution; this indicates that the CPS should take over and continue with the prosecution if the papers clearly show all of the following: The final consideration is designed to cover the situation where, for whatever reason, the investigative authorities with which the CPS usually deals have not brought
13824-431: The prosecutor may be satisfied that the public interest can be properly served by offering the offender the opportunity to have the matter dealt with by an out-of-court disposal rather than bringing a prosecution. In determining whether there are reasonable grounds to suspect, prosecutors must consider all of the material or information available, whether in evidential format or otherwise. Prosecutors must be satisfied that
13952-462: The public and are the only public officers who can make such decisions. Plaintiffs also have the option of hiring their own special prosecutor ( enskilt åtal ). The exception is cases concerning crimes against the freedom of the press for which the Chancellor of Justice acts as the prosecuting attorney. In court, the prosecutor is not necessarily in an adversarial relationship to the defendant, but
14080-422: The ransom demand was a reference to Psalm 118 and spoke to religious sources to determine possible relevance. The ransom note appears to echo film dialog. The films Ruthless People , Ransom , Escape from New York , Speed and Dirty Harry have acceptance as sources. The ransom note was unusually long. The Federal Bureau of Investigation (FBI) told the police that it was very unusual for such
14208-663: The role of Korean prosecutors is similar or identical to that of European equivalents in commanding investigations, determining indictable cases and prosecuting process. A prosecutor has the power to prohibit a defendant or an accused individual from departing the Republic of Korea via an "international hold". In Sweden, public prosecutors are lawyers who work out of the Swedish Prosecution Authority ( Swedish : Åklagarmyndigheten ) and direct police investigations of serious crimes. For all criminal cases, public prosecutors decide arrests and charges on behalf of
14336-404: The same corps as judges . The Staatsanwalt heads pre-trial criminal investigations, decides whether to press a charge or drop it, and represents the government in criminal courts. The Staatsanwalt not only has the "professional responsibility" not to withhold exculpatory information, but is also required by law to actively determine such circumstances and to make them available to the defendant or
14464-406: The scene that the amount was nearly identical to his Christmas bonus of the prior year, which suggested that someone who would have access to that information would be involved in the crime. Investigators looked at several theories behind the dollar amount demanded, considering employees at Access Graphics who may have known of the amount of John's prior bonus. They also considered the possibility that
14592-490: The strangulation could have been a " red herring " aspect to conceal other elements of the assault and killing. Burke, who was nine years old at the time of JonBenét's death, was interviewed by investigators at least three times. The first two interviews did not raise any concerns about him. A review by a child psychologist stated that it appeared that the Ramseys had "healthy, caring family relationships". In 1998, Boulder Police Chief Mark Beckner said during an interview with
14720-407: The time within our skin cells. It can be deposited anywhere at any time for various reasons, reasons that are benign. To clear somebody just on the premise of touch DNA, especially when you have a situation where the crime scene wasn't secure at the beginning ... really is a stretch." Steven E. Pitt, a forensic psychiatrist hired by Boulder authorities, said, "Lacy's public exoneration of the Ramseys
14848-441: The upper kitchen of the Ramsey residence to be lit up with the lights on dim. Neighbour Melody Stanton reported that she was awoken shortly after midnight by the sound of a child's scream coming from the Ramsey residence. Patsy Ramsey reported that she found a two-and-a-half-page handwritten ransom note on the kitchen staircase in their home. The note demanded US$ 118,000 for JonBenet's return. John pointed out to police first on
14976-669: The vast majority of prosecutions under the Animal Welfare Act 2006 are prosecuted by the Royal Society for the Prevention of Cruelty to Animals (RSPCA) as private prosecutions. The Post Office also undertook a wide array of private prosecutions against post masters, leading to a subsequent scandal in which these prosecutions have widely come to be seen as a miscarriage of justice. The RSPCA have come under strong criticism for lacking sufficient independence to act as
15104-445: Was a big slap in the face to Chief Beckner and the core group of detectives who had been working on the case for years." There are two primary theories about the death of JonBenét. One is the family member theory, which posits that JonBenét was killed by one or more family members. The second theory is the intruder theory, which posits that an intruder committed the crime. Boulder police initially concentrated almost exclusively upon
15232-399: Was an intact cobweb in the basement window. The steel grate that covered the window also had undisturbed cobwebs, and the foliage around the grate had been undisturbed. There were also cobwebs in the tracks of various windows, and dust and debris were on some sills. Smit believed that the intruder subdued JonBenét using a stun gun and took her down to the basement. JonBenét was killed and
15360-499: Was born on August 6, 1990, in Atlanta, Georgia , the younger of two children of Patricia "Patsy" Ramsey (1956–2006) and John Bennett Ramsey (born 1943). She had an older brother named Burke (born 1987). JonBenét's first name combines her father's first and middle names, and her mother's first name was used as her middle name. She was enrolled in kindergarten at High Peaks Elementary School in Boulder, Colorado . JonBenét's body
15488-437: Was covered with duct tape , a nylon cord was found around her wrists and neck, and her torso was covered by a white blanket. John picked up her body and rushed upstairs. When JonBenét was moved, the crime scene was further contaminated, and critical forensic evidence was disturbed for the returning forensics team. Each of the Ramseys provided handwriting, blood, and hair samples to the police. John and Patsy participated in
15616-411: Was found by the court that a prosecution is instituted by the police only when they have investigated, arrested and brought the arrested person to the custody officer. A case is not instituted by the police simply because a custody officer at a police station charges the suspect. Applying the same principle, proceedings are instituted by another prosecuting agency when they have been solely responsible for
15744-467: Was found on December 26, 1996, in her family's Boulder residence. She was buried at St. James Episcopal Cemetery in Marietta, Georgia , on December 31. JonBenét was interred next to her half-sister Elizabeth Pasch Ramsey, who had died in a car crash nearly five years earlier at age 22. John Ramsey was a businessman who was the president of Access Graphics, a computer software company that later became
15872-399: Was found, there was evidence that there had been a vaginal injury. Evidence also suggested that the paintbrush used in the garrote was also used for sexual assault. At the time of the autopsy, the pathologist recorded that it appeared her vaginal area had been wiped with a cloth. Her death was ruled a homicide . A garrote that was made from a length of nylon cord and the broken handle of
16000-430: Was holding the door closed from inside the house, the kidnapper could not have used this door and then closed the latch from the inside, ruling this out as a possible exit. JonBenét's body was later found behind the door. With JonBenét still missing, John made arrangements to pay the ransom. A forensics team was dispatched to the house. The team initially believed that the child had been kidnapped, and JonBenét's bedroom
16128-456: Was no new information gleaned from those interviews. It was reported in September 2016 that the investigation into JonBenét's death continues to be an active homicide case, per Boulder Police Chief Greg Testa. In 2015, Beckner disagreed with exonerating the Ramseys, stating, "Exonerating anyone based on a small piece of evidence that has not yet been proved to even be connected to the crime
16256-401: Was one of the first criminal profilers and has written and co-written books on criminal psychology , true crime novels, and his biography. Regarding the case of JonBenét, Douglas contends that John and Patsy Ramsey did not kill their daughter. Of the case, he said: "Many crimes are tried in the court of public opinion long before they reach a court of law. But I know of no other case in which
16384-497: Was the only room in the house that was cordoned off to prevent contamination of evidence . No precautions were taken to prevent contamination of evidence in the rest of the house. Meanwhile, friends, victim advocates, and the Ramsey family's minister arrived at the home to show support. Visitors picked up and cleaned surfaces in the kitchen, possibly destroying evidence. Boulder detective Linda Arndt arrived at about 8:00 a.m. MST, in anticipation of receiving further instructions by
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