About: Selective prosecution

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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, as 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 are guilty of violating a law, but that the fact of being prosecuted is based upon forbidden reasons. Such a claim might, for example, entail an argument that persons of different age, race, religion, or gender, were engaged in the same illegal acts for which the defendant is being tried and were not prosecuted, and that the defendant is only being prosecuted because of a bias.

Attributes	Values
rdf:type	agent
rdfs:label	Selective prosecution (en)
rdfs:comment	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. In claims of selective prosecution, defendants essentially argue that it is irrelevant whether they are guilty of violating a law, but that the fact of being prosecuted is based upon forbidden reasons. Such a claim might, for example, entail an argument that persons of different age, race, religion, or gender, were engaged in the same illegal acts for which the defendant is being tried and were not prosecuted, and that the defendant is only being prosecuted because of a bias. (en)
dcterms:subject	Criminal defenses
Wikipage page ID	217192 (xsd:integer)
Wikipage revision ID	1124378321 (xsd:integer)
Link from a Wikipage to another Wikipage	Procedural defense Religion United States United States v. Armstrong Defendant Gender Criminal justice Malicious prosecution U.S. state Jurisdiction Fourteenth Amendment to the United States Constitution Legal liability Social equality Attorney General of the United States Criminal defenses Jurisprudence Law Supreme Court of the United States Discrimination Cassia Spohn Race (classification of human beings) Selective enforcement United States Attorney Prosecute Equal protection
sameAs	Selective prosecution Selective prosecution Selective prosecution
dbp:wikiPageUsesTemplate	dbt:ISBN dbt:Reflist dbt:Short_description dbt:Law-stub dbt:Miscarriage_of_Justice dbt:Equal_protection_and_criminal_procedure
has abstract	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. In claims of selective prosecution, defendants essentially argue that it is irrelevant whether they are guilty of violating a law, but that the fact of being prosecuted is based upon forbidden reasons. Such a claim might, for example, entail an argument that persons of different age, race, religion, or gender, were engaged in the same illegal acts for which the defendant is being tried and were not prosecuted, and that the defendant is only being prosecuted because of a bias. In the United States, this defense is based upon the 14th Amendment, which stipulates, "nor shall any state deny to any person within its jurisdiction the equal protection of the laws." The U.S. Supreme Court has defined the term as: "A selective prosecution claim is not a defense on the merits to the criminal charge itself, but an independent assertion that the prosecutor has brought the charge for reasons forbidden by the Constitution." The defense is rarely successful; some authorities claim, for example, that there are no reported cases in at least the past century in which a court dismissed a criminal prosecution because the defendant had been targeted based on race. In United States v. Armstrong (1996), the Supreme Court ruled the Attorney General and United States Attorneys "retain 'broad discretion' to enforce the Nation's criminal laws" and that "in the absence of clear evidence to the contrary, courts presume that they have properly discharged their official duties." Therefore, the defendant must present "clear evidence to the contrary", which demonstrates "the federal prosecutorial policy 'had a discriminatory effect and that it was motivated by a discriminatory purpose.'" (en)
gold:hypernym	Defense
prov:wasDerivedFrom	wikipedia-en:Selective_prosecution?oldid=1124378321&ns=0
page length (characters) of wiki page	4222 (xsd:nonNegativeInteger)
foaf:isPrimaryTopicOf	wikipedia-en:Selective_prosecution
is Link from a Wikipage to another Wikipage of	Murgia motion Procedural defense Horace Locklear Peter William Humphrey Unification Church United States v. Armstrong United States v. Choi University of California, Irvine Prosecutorial misconduct Racial profiling in the United States Muslim Student Union of the University of California, Irvine Criminal cases against Yulia Tymoshenko since 2010 Malicious prosecution Student activities and traditions at UC Irvine Tim DeChristopher Tax protester Irvine 11 controversy Abscam Douglas Bruce Mark Fuller (judge) Human rights in Ukraine Klaus Barbie Raymond "Shrimp Boy" Chow Selective enforcement Special Court for Sierra Leone New York investigations of The Trump Organization Outline of criminal justice United States constitutional criminal procedure
is foaf:primaryTopic of	wikipedia-en:Selective_prosecution

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