NCJ Number
153216
Journal
West Virginia Criminal Justice Journal Volume: 1 Issue: 1 Dated: (August 1993) Pages: 13-16
Date Published
1993
Length
4 pages
Annotation
In Harman v. Frye, West Virginia, (1992), the court reversed historical precedence in West Virginia and held that a magistrate may not issue a warrant or summons for either a misdemeanor or a felony solely on the complaint of a private citizen without prior evaluation of the citizen's complaint by a prosecuting attorney or an investigation by an appropriate law enforcement agency.
Abstract
In prior decisions and in the course of rulemaking for magistrate courts, the West Virginia Supreme Court has protected the rights of private citizens to obtain warrants without investigation or prosecutorial intervention. This has led to abuses of the traditional role of criminal law and to the improper use of the criminal justice system by private citizens for personal gain. The expense of investigating and prosecuting unfounded and frivolous charges was considerable and has caused extensive burden on the various police agencies and the Prosecutors' Offices in West Virginia. In Harman v. Frye case, the West Virginia Supreme Court has diametrically changed course and has determined that criminal prosecution must be monitored and regulated by the State and has placed the responsibility of the regulation on law enforcement agencies and Prosecuting Attorneys' Office in West Virginia, bringing this State into compliance with accepted practice throughout the United States. The West Virginia Supreme Court should be applauded for the Harman v. Frye decision, which will result in one of the biggest changes, if not the biggest change, in criminal procedure that has occurred in the State of West Virginia since the adoption of the West Virginia Rules of Criminal Procedure. Appended complaint intake form