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Roberts, the Court found that where there is a change in prosecutor from the initial charging decision and the increased charging decision but the prosecutors are subject to the same "institutional pressure" that could motivate vindictive prosecution, the viability of the presumption "does not hinge on the continued involvement of a particular ...
Malicious prosecution is a common law intentional tort.Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.
The U.S. Supreme Court has refused to hear an appeal from a Virginia drug dealer who is serving a 41-year murder sentence that he claims is the result of vindictive prosecution. The high court on ...
In jurisprudence, selective prosecution is a procedural defense in which defendants argue that they should not be held criminally liable for breaking the law because the criminal justice system discriminated against them by choosing to prosecute. In claims of selective prosecution, defendants essentially argue that it is irrelevant whether they ...
Federal prosecutor in former President Donald Trump's classified documents case angrily pushed back on allegations of vindictive prosecution and prosecutorial misconduct from one of Trump's co ...
U.S. Rep. Dan Bishop said former President Donald Trump was the victim of “selective” and “vindictive” prosecution that was comparable to the justice system Black people faced in the ...
In jurisprudence, prosecutorial misconduct or prosecutorial overreach is "an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropriate punishment."
Thompson v. Clark, 596 U.S. ___ (2022), was a United States Supreme Court case concerning whether a plaintiff suing for malicious prosecution must show that they were affirmatively exonerated of committing the alleged crime.