Malicious Prosecution

Malicious prosecution is the ________ that results when law enforcement officers or prosecutors misuse the criminal justice system to falsely accuse and try an individual on charges that are fabricated. Several elements must be proved to show that this tort has occurred. Someone must have been charged and prosecuted for a crime. The prosecution must have been initiated maliciously (that is, with intent to harm). There must not be any probable cause for the charge. (Probable cause is defined as enough evidence to cause a reasonable person to believe that the accused probably committed the act charged.) The accused must have suffered injuries, and he or she also must have been found not guilty.