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From: leff@smu.UUCP
Newsgroups: net.legal
Subject: Re: Criminal Prosecution - (nf)
Message-ID: <24100002@smu.UUCP>
Date: Sun, 12-Aug-84 18:29:00 EDT
Article-I.D.: smu.24100002
Posted: Sun Aug 12 18:29:00 1984
Date-Received: Wed, 15-Aug-84 02:08:48 EDT
References: <1238@sdcrdcf.UUCP>
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Nf-ID: #R:sdcrdcf:-123800:smu:24100002:000:537
Nf-From: smu!leff    Aug 12 17:29:00 1984

#R:sdcrdcf:-123800:smu:24100002:000:537
smu!leff    Aug 12 17:29:00 1984

It is possible to request a writ of mandamus to have the DA do one's
duty.  This would be most useful in a case where the DA decided he did not
want to enforce some aspect of the law.  E. G., a wife was required to
have sex by her husband under threat of force, the law stated that this
is to be considered to be rape but the DA felt that he did not feel that
was rape.

Where the DA felt there was insufficent evidence, the court would be most
likely to accept the DA's opinion since presumably he is an expert
in what is prosecutable.