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

Selected Issues in Malicious Prosecution Cases

Malicious Prosecution / Prosecutorial Misconduct

Vindictive Prosecution – Georgetown University

VINDICTIVE AND SELECTIVE PROSECUTION

What is Abuse of Process?

Defeating Extortion and Abuse of Process in All Their Ugly Disguises

What’s the Difference between Abuse of Process and Malicious Prosecution?

Malicious Prosecution Actions Arising Out Of Family Law Proceedings: Proceed Carefully

Frivolous, Meritless or Malicious Prosecution

SCOTUS Makes It Easier To Sue Police And Prosecutors For Malicious Prosecution

Prosecutional Misconduct – SCOTUS Rulings re: Prosecutors

National District Attorneys Association – National Prosecution Standards – NDDA

What Happens If Charges Are Dropped Before Trial?

Functions and Duties of the Prosecutor – Prosecution Conduct

Possible courses of action Prosecutorial Misconduct

Misconduct by Judges & Prosecutor – Rules of Professional Conduct

PC 1385 – Dismissal of the Action for Want of Prosecution or Otherwise

Thomp$on v. Clark – Maliciou$ Pro$ecution 

Reichle v. Howards (2012) – Retaliatory Prosecution Claims Against Government Officials –1st Amendment

People v. Superior Court (Greer) 5th & 8th Amendment – Bias / Malicious Persecutor

Hartman v. Moore (2006) –Retaliatory Prosecution Claims Against Government Officials – 1st Amendment

What is a Fiduciary Duty; Breach of Fiduciary Duty

Epic SCOTUS Decisions

Recoverable Damages Under 42 U.S.C. Section 1983 LEARN MORE

New Supreme Court Ruling makes it easier to sue police

42 U.S. Code § 1983 – Civil action for deprivation of rights

18 U.S. Code § 242 – Deprivation of rights under color of law

18 U.S. Code § 241 – Conspiracy against rights

Suing for Misconduct – Know More of Your Rights

Police Misconduct in California – How to Bring a Lawsuit

Recoverable Damages Under 42 U.S.C. Section 1983

Section 1983 Lawsuit – How to Bring a Civil Rights Claim

 Police Discretion

The police violated my rights

DEPRIVATION OF RIGHTS UNDER COLOR OF LAW

How to File a complaint of Police Misconduct?

Suing for Misconduct – Know More of Your Rights

New Supreme Court Ruling makes it easier to sue police

Prosecutorial Misconduct, What is it?

Frivolous, Meritless or Malicious Prosecution

Malicious Prosecution / Prosecutorial Misconduct

Prosecutorial Misconduct

 Vindictive Prosecution – Georgetown University

 VINDICTIVE AND SELECTIVE PROSECUTION

 Misconduct by Judges & Prosecutor

CALIFORNIA ATTORNEY MISCONDUCT LAW

Equality Act 2010 – Discrimination and mental health

Motion to reconsider – Cal. Code Civ. Proc. § 1008 Section 1008

Fighting A Judgment Without Filing An Appeal Settlement Or Mediation – Options to Appealing

Right to Truth – Victims’ Bill of Rights – Prop 8 1982

118.1 PC – Police Officers Filing False Reports