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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 ...
Selective enforcement has become a topic of great discussion in the illegal immigration debate. The 2011 "Morton Memo" [ 7 ] laid out enforcement priorities for the U.S. Immigration and Customs Enforcement , and was intended to channel limited resources into prioritized pursuit of cases involving criminals and felons.
The equal protection clauses has at least three applications relevant to criminal proceedings: a prohibition on selective prosecution on invidious bases, a requirement that jury pools and venires represent a "fair cross section" of the community, and a prohibition on the discriminatory use of jury peremptory challenges. Selective prosecution
Selective prosecution. McCleskey v. Kemp, 481 U.S. 279 (1987) United States v. Armstrong, 517 U.S. 456 (1996) Racial discrimination in the jury pool and venire
Indeed, the reason Trump’s selective prosecution claim should fail is because of how much worse the conduct alleged in the Mar-a-Lago case is than that of the other officials his brief invokes ...
United States v. Armstrong, 517 U.S. 456 (1996), was a case heard by the Supreme Court of the United States in which the court held that the burden of proof for selective prosecution rests with the defendant, who must show the government declined to prosecute similarly situated suspects of other races.
Prosecutorial discretion [18] grants AGC the power to institute, conduct or discontinue any prosecution at his discretion. [19] The prosecution bears the burden of proof and is required to prove its case beyond a reasonable doubt. This means that in order for a defendant to be found guilty, the case presented by the prosecution must be enough ...
The United States Constitution, including the United States Bill of Rights and subsequent amendments, contains the following provisions regarding criminal procedure. Due to the incorporation of the Bill of Rights, all of these provisions apply equally to criminal proceedings in state courts, with the exception of the Grand Jury Clause of the Fifth Amendment, the Vicinage Clause of the Sixth ...