united-states criminal-law court lawyer trial
Can the prosecution fight for the defendent&#39;s innocence?
<p>Bob is accused of a crime (let's say murder). Bob is a self-hating man who wants to be punished. He admits to the crime, and hires a lawyer to push forth his guilty plea. The prosecution, however, doesn't want to convict him of the crime, because they believe that the true culprit is still out there, and that Bob is just being ridiculous.</p>
<p>In this case, is it possible to have a trial where the prosecution is trying to prove Bob's innocence, while the defense is trying to prove Bob's guilt?</p>
<p>Edit: if it's so hard to believe that &quot;the state&quot; would prosecute for a case like this, then assume that the case is between two private parties. E.g. Bob admits to murdering Penny's pet cat. Penny trusts Bob, and wants to prove that he didn't murder her cat.</p>

<p>He cannot enter a Guilty Plea until he has been charged with a crime.</p>
<p>He would only be charged with a crime if the Prosecution believes they have enough evidence for a conviction.</p>
<p>If they believe &quot;the true culprit is still out there&quot;, they would not arrest or charge or attempt to prosecute &quot;Bob&quot;.</p>
<p>He can hire an attorney, and go on TV and say he is guilty, and beg to be prosecuted. The District Attorney (or similar Office) can simply respond, <em>&quot;We are aware of the claims by Bob.  At this time, we do not have enough evidence to support charging Bob with a crime. The investigation continues.&quot;</em></p>
<p>Somewhat ironically, if they have substantial evidence that Bob is <em>not</em> the murderer, he can then be charged with Making a False Report.</p>

<p><a href="/questions/tagged/canada" class="post-tag" title="show questions tagged &#39;canada&#39;" aria-label="show questions tagged &#39;canada&#39;" rel="tag" aria-labelledby="canada-container">canada</a></p>
<p>There would be no need. The prosecution has complete discretion to stay (abandon) a prosecution or even decline to embark on one in the first place.</p>
<p>And in the case of a private prosecution, the Attorney General has the right to intervene and take control of or stay the prosecution. Private prosecutions are so rare that there would be a careful eye on any of them from the Attorney General.</p>
