What are the limitations on prosecutorial discretion?

What will be an ideal response?


If an individual is targeted for prosecution merely because he or she is a member of a certain group, such as being a minority, then his or her constitutional rights may be violated.
This is known as selective prosecution.

In Oyler v. Boles, 368 U.S. 448 (1968), the Court held that the prosecution's selection of cases violates the equal protection clause only when it is intentional and is intended to target "a certain class of cases . . . or specific persons." In that case, the defendant presented evidence that he was the only individual of six sentenced under a particular statute. The Court held that this was not discriminatory because the defendant was unable to demonstrate intent by the prosecutor or provide evidence that he fit the group targeted for prosecution.

If a prosecutor's charging decision is motivated by revenge, then the resulting charge violates the due process clause of the Fourteenth Amendment. Specifically, if a prosecutor charges an individual simply because he or she is exercising his or her constitutional rights, such vindictive prosecution will not be allowed.

In Blackledge v. Perry, 417 U.S. 21 (1974), the defendant was convicted in a lower court for misdemeanor assault with a deadly weapon. The defendant filed an appeal with the county superior court for a trial de novo (a new trial), which is sometimes permitted in misdemeanor cases.

Criminal Justice

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The concentration of alcohol in an exhaled breath is in direct proportion to that of the blood of the same individual. The ratio of this relationship is closest to:

a. 1:10. b. 1:1,000. c. 1:100. d. 1:2,000.

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Women are more likely than men to respond to trauma in what way?

a. Aggressive behavior b. Withdrawal/disassociation c. Confide in others d. Mirror violent behavior

Criminal Justice

What is a voir dire of a witness?

What will be an ideal response?

Criminal Justice

The best way to understand how and why people do things is to:

a. study them analytically b. interact with them directly c. observe them from afar d. none of the answers are correct

Criminal Justice