In some states, beginning a criminal case without probable cause in bad faith is known as:

Prepare for the ASIS Certified Protection Professional (CPP) Test. Study with flashcards and multiple choice questions, each question has hints and explanations. Ready yourself for your certification exam!

The term that describes the initiation of a criminal case without probable cause and in bad faith is known as malicious prosecution. This legal concept refers to when an individual, often a prosecutor or law enforcement official, wrongfully initiates legal proceedings against another individual, causing them harm and damages. Malicious prosecution is characterized by the absence of reasonable grounds or probable cause for the criminal charges that were brought forth and a primary motive that is improper, such as malice or a desire for personal gain.

In a legal context, proving malicious prosecution requires demonstrating that the previous proceeding was terminated in favor of the accused, that the initiator did not have probable cause to initiate the prosecution, and that the initiator acted out of malice or for an improper purpose. This concept serves as a means to protect individuals against the misuse of the judicial system and ensures that legal actions are taken responsibly and ethically.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy