VINDICTIVE AND SELECTIVE PROSECUTION

The Truth News — Sat, 01 Feb 2025 19:09:42 +0000

VINDICTIVE AND SELECTIVE PROSECUTION

WHAT IS VINDICTIVE PROSECUTION?

Vindictive prosecution is when a prosecutor violates a defendant’s due process rights and if they are using their decision to prosecute the defendant for purposes of retaliation.

The following instances constitute vindictiveness:

Where the prosecutor charges the defendant with a more serious offense after the defendant appeals the conviction of the lesser offense
Where the prosecutor charges the defendant with an offense although the defendant has not violated the law.

The following represent instances that DO NOT constitute vindictiveness:

Adding a charge after the defendant withdraws from a plea bargain agreement
Indicting the defendant on a more serious charge after the defendant rejected a plea agreement
Indicting the defendant on a new charge after a mistrial occurred
Indicting the defendant on a more serious charge after discovering that there was an error in the original information or indictment.

PRESUMPTION OF VINDICTIVENESS

If the presumption of vindictiveness arises, the presumption may be rebutted by showing that a legitimate and objective reason supported the change in the indictment or the basis for the indictment itself. However, if no presumption of vindictiveness arises, the defendant may show that the prosecutor was actually vindictive in her prosecution. The defendant may present direct evidence showing that the prosecutor was vindictive.

WHAT IS SELECTIVE PROSECUTION?

Selective prosecution is when the prosecutor bases her decision of whether to prosecute on the basis of race, gender, or ethnicity. If they do this then the prosecutor may be guilty of selective prosecution.

A claim of selective prosecution must be raised in a timely manner before the trial has commenced otherwise the claim may be regarded as untimely and waived. In order for the defendant to prevail on a selective prosecution claim they must overcome the strong presumption that prosecutors have properly performed their duties. A selective prosecution claim is typically analyzed in accordance with the equal protection standards.

The defendant must produce evidence that shows:

The prosecutor engaged in selective prosecution
The selective prosecution had a discriminatory effect upon the defendant
The selective prosecution was pursued with discriminatory intent.

If you need help with this subject contact the legal team of Underwood & Associates with the link below https://www.yourcriminaldefenseattorney.com/blog/2020/october/vindictive-and-selective-prosecution/

Learn more about these sujects

Malicious Prosecution
Prosecutional Misconduct
Vindictive Prosecution
Retaliatory Prosecution
Abuse of Process

VINDICTIVE AND SELECTIVE PROSECUTION Archives - Good Shepherd News - Fastest Growing Religious, Free Speech & Political Content

VINDICTIVE AND SELECTIVE PROSECUTION

VINDICTIVE AND SELECTIVE PROSECUTION

WHAT IS VINDICTIVE PROSECUTION?

PRESUMPTION OF VINDICTIVENESS

WHAT IS SELECTIVE PROSECUTION?

Learn more about these sujects

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Misconduct by Judges & Prosecutor – Rules of Professional Conduct

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