Nolle prosequi is an important legal term that every business professional should have an understanding of. In Latin, it literally translates to “we shall no longer prosecute.” Essentially, it is a declaration made by prosecutors in a criminal trial which essentially bars further proceedings or indicates that the prosecutor has withdrawn the charges from the defendant. It is sometimes referred to as “dropping charges.”
The ability to end a case with a nolle prosequi is an important power granted to prosecutors. The intention of nolle prosequi is to prevent a defendant from facing any consequences that are too harsh for the crime they were accused of. In cases where the evidence supporting a conviction isn’t strong, prosecutors may choose to nolle prosequi rather than put a vulnerable and possibly innocent person at risk.
The general terms of a nolle prosequi are important to understanding its importance. It does not vouch for a defendant’s innocence, but allows them to walk away with no legal consequences as the charges are dismissed. It is essentially a form of justice outside of the criminal justice system where a defendant can avoid a criminal record, jail time, and other charges associated with the prosecution.
Examples of Nolle Prosequi in Practice
The most well-known nolle prosequi in modern times was the dropping of all charges against former U.S. President Donald Trump. After a long legal battle involving many of his associates, the Department of Justice chose to nolle prosequi rather than press on with a conviction. This decision was met with criticism from some, but also appreciation from others.
More recently, the Justice Department declined to nolle prosequi against seven defendants who were arrested in the summer of 2020 in connection with the death of George Floyd, a black American man whose death sparked a national conversation on race and policing. After some top prosecutors heavily lobbied for the filing of charges, the decision to not move forward was made, and the seven defendants, including four former police officers, were released without charges.
Final Thoughts on Nolle Prosequi
Nolle prosequi is an important legal concept that business professionals should understand. It allows prosecutors to grant an individual with a “second chance” by dropping charges against them, or to end a case that is no longer in the public interest. The power of nolle prosequi should not be taken lightly, but should be used with the intention of upholding justice and protecting vulnerable individuals who may have been wrongly accused.