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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 ...
In law, selective enforcement occurs when government officials (such as police officers, prosecutors, or regulators) exercise discretion, which is the power to choose whether or how to punish a person who has violated the law.
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
Chutkan found that Trump failed to provide evidence for either prong of the two-part test to prove selective prosecution – that he was singled out for prosecution or that the case was motivated ...
selective prosecution; exclusionary rule; facts found by judge rather than jury; denial or neglect of public counsel appointment; no opportunity to impugn witnesses against you; breaches of due process, such as precedent established in Rhode Island v. Innis (1980) or Miranda v. Arizona (1966) denial of a jury trial in a civil case
Constitutional law of the United States; Overview; Articles; Amendments; History; Judicial review; Principles; Separation of powers; Individual rights; Rule of law
The federal judge presiding over the election subversion case against former President Donald Trump rejected Saturday a defense effort to dismiss the indictment on claims that he was prosecuted ...
A crime whose prosecution is cancelled can still be resumed later (the ne bis in idem principle does not apply to sepots), [15] unless the Public Department has made a formal communication to the crime suspect that the suspect is no longer prosecuted (then, prosecution cannot be resumed according to the principle of administrative law ...