Eliot Spitzer, former NY governor and CNN TV host, accused of choking a woman

(paraphrasing) “Victim doesn’t want to press charges”.

I think this is the worst misconception about the American criminal justice system. It is never up to the victim whether or not they wish to “press charges”, and indeed, there is no such thing. The police write a report. The report is given to the District Attorney’s office (or whatever they are called in the relevant jurisdiction) and the DA decides whether or not to file a criminal case. Victims can elect not to cooperate with the DA, but in some cases, that can result in their facing criminal charges or contempt.

This post has nothing to do with Spitzer; just bad reporting…

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