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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.
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
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 ...
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
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.
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 ...
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 ...