What types of restrictions exist on the ability of the prosecutor to bring charges? Cite relevant cases
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
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Which of the following is NOT a form of structured sentencing?
a. presumptive b. determinate c. quasi-independent d. voluntary/advisory
Voluntary statements, of any kind, are barred by the Fifth Amendment
a. True b. False
Which of the following statements best captures the ideology behind the Sustain and Support phase believed to be necessary for successful prisoner reentry?
a. Which of the following statements best captures the ideology . Sustaining and supporting returning ex-offenders require continued monitoring by the criminal justice system. b. Ex-offenders are responsible for the sustainability of a crime-free lifestyle, even when this implies that they have to seek out their own aftercare. c. Long-term community-based support is necessary to connect ex-offenders who are no longer under supervision to the services they need. d. Short-term community-based interventions are the most viable for ex-offenders because many of them have already received a significant amount of programming while incarcerated.
Evidence is considered incompetent when ______.
a. it is wrongfully obtained b. federal or state law prohibits the introduction of it c. a court-established rule prohibits it d. all of the these