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STATE OF N.J. v. IMPERIALE

Cr. No. 89-134 (HLS).

773 F.Supp. 747 (1991)

STATE OF NEW JERSEY v. Michael IMPERIALE.

United States District Court, D. New Jersey.

On Motion for Reconsideration November 1, 1991.

Attorney(s) appearing for the Case

John Kennedy, Deputy Atty. Gen., Div. of Criminal Justice, Appellate Section, Trenton, N.J., for State of N.J.

Gregg Foti, Lakewood, N.J., for Michael Imperiale.

OPINION

SAROKIN, District Judge.

Introduction

In this matter, the federal government challenges the New Jersey Rule and practice which permits private citizens to prosecute minor crimes where the local prosecutor has failed or refused to do so.

The practical reasons for the rule are obvious. There are many instances in which the prosecutor, because of the nature of the complaint combined with limited resources, chooses not to prosecute...

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