Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: Notesfiles; site smu.UUCP Path: utzoo!watmath!clyde!burl!ulysses!mhuxl!ihnp4!inuxc!pur-ee!uiucdcs!smu!leff 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> Lines: 13 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.