Selective prosecution occurs when a prosecutor deviates from the standard procedures of their office and decides to press criminal charges against an individual based on their personal judgement. This practice is unjust if the prosecutor targets a specific person for prosecution while others in comparable circumstances are not held accountable. Such conduct is illegal and infringes upon the Equal Protection Clause of the 14th Amendment.
Selective prosecution refers to the act of a prosecutor using their personal discretion to decide whether or not to bring criminal charges against an individual, rather than following the standard procedures of their office. This practice can be deemed a violation of the 14th Amendment’s Equal Protection Clause if the defendant is specifically targeted for prosecution while others in similar circumstances are not, and if the prosecutor’s reasons for doing so are not valid. One example of selective prosecution occurs when a prosecutor opts to press charges against an individual of a particular race or ethnicity, while disregarding similar actions by individuals of other races or ethnicities. For instance, if a prosecutor only pursues drug charges against Black individuals in a specific neighbourhood while overlooking drug use by white individuals in the same area, this would be considered selective prosecution. Another example is when a prosecutor chooses to bring charges against a political opponent or someone who has criticized them, while ignoring comparable behaviour by their allies or supporters. This can be viewed as an abuse of power and a violation of the defendant’s rights. These instances demonstrate how selective prosecution can unfairly target specific individuals or groups while allowing others to evade punishment for similar actions. This undermines the principles of fairness and equality under the law and can diminish public trust in the justice system.
Selective prosecution refers to the practice of singling out individuals or groups for prosecution based on factors such as race, religion, political beliefs, or other arbitrary reasons, while ignoring others who may have committed similar offenses.
No, selective prosecution is generally considered to be a violation of the equal protection clause of the Fourteenth Amendment of the United States Constitution. It goes against the principle that all individuals should be treated equally under the law.
Proving selective prosecution can be challenging, as it requires demonstrating that you were targeted based on an impermissible factor. This can be done by providing evidence of differential treatment compared to others who committed similar offenses or by showing a pattern of discriminatory enforcement.
Yes, selective prosecution can be used as a defence strategy in a criminal case. If you can establish that you were targeted for prosecution due to an impermissible factor, it may undermine the credibility of the prosecution’s case against you.
If you believe you are a victim of selective prosecution, you should consult with an experienced criminal defence attorney. They can help you gather evidence, assess the strength of your case, and guide you through the legal process.
Yes, victims of selective prosecution may be entitled to legal remedies such as having charges dismissed, obtaining compensation for damages suffered, or seeking injunctive relief to prevent further discriminatory enforcement.
Yes, selective prosecution can occur at both the federal and state levels. The equal protection clause of the Fourteenth Amendment applies to state actions as well, prohibiting discriminatory enforcement by state and local authorities.
There are limited exceptions to the prohibition on selective prosecution. For example, law enforcement agencies may prioritize certain types of offenses based on public safety concerns or available resources. However, these exceptions must be based on legitimate, non-discriminatory factors.
Yes, selective prosecution can be challenged in court through various legal mechanisms, such as filing a motion to dismiss, raising a defence of selective prosecution, or filing a civil rights lawsuit against the government entity responsible for the discriminatory enforcement.
Prosecutors have a duty to exercise their discretion in a fair and impartial manner, without engaging in selective prosecution. They should base their decisions on the facts and evidence of each case, rather than personal biases or discriminatory factors.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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