In interpreting federal rules, the United States Supreme Court held that, because a selective prosecution
claim is not a defense to the merits of a criminal charge
but instead is an independent claim of prosecutorial misconduct, discovery related to selective prosecution allegations will be granted only if defendants …
Is selective prosecution a procedural defense?
In jurisprudence, selective prosecution is a
procedural defense
in which defendants argue that they should not be held criminally liable for breaking the law, as the criminal justice system discriminated against them by choosing to prosecute.
Is selective prosecution illegal?
Selective prosecution is
a violation of the constitutional guarantee of equal protection for all persons under the law
. On the federal level, the requirement of equal protection is contained in the DUE PROCESS CLAUSE of the FIFTH AMENDMENT to the U.S. Constitution.
Is the prosecution the defense?
The
prosecutor must charge the accused with a specific crime or crimes
, then present evidence that proves beyond a reasonable doubt that the accused is guilty. The defense attorney must defend his/her client against criminal charges. The client is innocent until proven guilty.
What must a defendant show in order to win a claim of selective prosecution?
Oyler v. Boles, 368 U. S. 448, 456. In order to prove a selective-prosecution claim, the claimant must
demonstrate that the prosecutorial policy had a discriminatory effect and was motivated by a discriminatory purpose
.
What are four types of prosecutorial misconduct?
- failing to disclose exculpatory evidence,
- introducing false evidence,
- using improper arguments, and.
- discriminating in jury selection.
Is malicious prosecution a crime?
A claim of malicious prosecution is
a civil case
, not a criminal one.
What constitutes vindictive prosecution?
Vindictive prosecution has been defined by the United States Court of Appeals for the Seventh Circuit as
behavior that results from “specific animus or ill will” or that occurs when a prosecutor “charges a more serious violation
. . . in retaliation for the exercise of a legal or constitutional right in connection with …
How long is too long for a speedy trial?
While there is no hard and fast rule on how long is too long, one
rule of thumb is eight months
. Courts will generally presume that the delay has been sufficient to satisfy a defendant's prima facie case of the denial of the right to a speedy trial when eight months have passed.
Why may the defense argue against joinder?
One of the strategic reasons for the defense to argue against joinder may be that
the jury will view all the evidence against the accused in
a : … difficulty asserting separate defenses to the criminal acts at issue. When trying a person for several related crimes in the same trial, the prosecutor must proceed carefully.
Is prosecution harder than defense?
A prosecutor's job is easier than a defense attorney generally
. … A prosecutor doesn't generally have the experience to be an effective cross examiner. The rare former prosecutor who is good at cross examination most likely learned that while being a defense attorney and not a prosecutor.
Do lawyers specialize in defense or prosecution?
Both prosecutors and defense lawyers
are the major players in the trial on criminal cases. Whereas a prosecutor tries to show that the defendant is guilty, however, the defense lawyer tries to prove his innocence.
Does the defense or prosecution go first in closing arguments?
The prosecution goes first, followed by the defense
and a rebuttal by the prosecution. Because the prosecution has the burden of proof, it gets the final word. After the closing arguments, the judge will give the jury its final instructions.
What is a selective discrimination?
prohibit discrimination based on race, color, religion, sex, national origin, disability, or age
in hiring, promoting, firing, setting wages, testing, training, apprenticeship, and all other terms and conditions of employment. …
Which of the following is the burden of proof required at a preliminary hearing?
At a preliminary hearing, the prosecutor only has to
establish probable cause against the defendant
. At a preliminary hearing, their burden is only to show probable cause that the defendant committed the charged offense.
What are the three elements that must be shown to establish improper discriminatory prosecution?
What are the three elements that must be shown to establish improper, discriminatory prosecution? The three elements are: 1) other people similarly situated were not prosecuted; 2) the prosecutor intentionally singled out the defendant; 3) the selection was based upon an arbitrary classification.
