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LSDefine

Simple English definitions for legal terms

selective prosecution

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A quick definition of selective prosecution:

Selective prosecution is when a prosecutor chooses to bring criminal charges against someone based on their own personal decision, rather than following the usual procedures of their office. This is not fair if the prosecutor is singling out one person for prosecution while others in similar situations are not being prosecuted. This is against the law and violates the 14th Amendment's Equal Protection Clause.

A more thorough explanation:

Definition: Selective prosecution is the practice of a prosecutor choosing to bring criminal charges against someone based on their personal discretion, rather than following the normal procedures of the prosecuting authority's office. This can be considered a violation of the Equal Protection Clause of the 14th Amendment if the defendant is singled out for prosecution while others in similar situations have not been prosecuted, and the prosecutor's reasons for doing so are not valid.

One example of selective prosecution is when a prosecutor chooses to bring charges against a person of a certain race or ethnicity, while ignoring similar behavior by people of other races or ethnicities. For instance, if a prosecutor only brings drug charges against Black people in a certain neighborhood, while ignoring drug use by white people 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 similar behavior by their allies or supporters. This can be seen as an abuse of power and a violation of the defendant's rights.

These examples illustrate how selective prosecution can be used to unfairly target certain individuals or groups, while allowing others to escape punishment for similar behavior. This undermines the principles of fairness and equality under the law, and can erode public trust in the justice system.

selective incorporation | selective prospectivity

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