Is an assertion of selective prosecution a defense to a charged crime?

Is an assertion of selective prosecution a defense to a charged crime?

A selective-prosecution claim is not a defense on the merits to the criminal charge itself, but an independent assertion that the prosecutor has brought the charge for reasons forbidden by the Constitution.

What is the role of prosecutor during prosecution?

A Public Prosecutor is considered as the agent of the state to represent the interest of common people in the criminal justice system. The prosecution of the accused is the duty of the state but not individually the duty of the aggrieved party.

What is a selective prosecution claim?

In jurisprudence, selective prosecution is a procedural defense in which defendants argue that they should not be held criminally liable for breaking the law, as the criminal justice system discriminated against them by choosing to prosecute.

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How do you prove a selective prosecution?

A person claiming selective prosecution must show that the prosecutorial policy had a discriminatory effect and that it was motivated by a discriminatory purpose. To demonstrate a discriminatory effect, a claimant must show that similarly situated individuals of a different class were not prosecuted.

What is prosecution in criminal justice system?

A prosecution is the process of institution and undertaking criminal proceedings against any person in a court of law. The Attorney General is, therefore, responsible for all public prosecutions in the country.

Who is the prosecution in a criminal case?

At the beginning of a federal criminal case, the principal actors are the U.S. Attorney (the prosecutor) and the grand jury. The U.S. Attorney represents the United States in most court proceedings, including all criminal prosecutions.

What is private criminal prosecution?

A private prosecution is the criminal prosecution of an alleged offender by someone “other than a police officer or public officer”, including the Department of Public Prosecutions or the Crown. The victim or person initiating the prosecution can be either a natural person or a body.

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What are the instances when a private prosecutor may be authorized by a public prosecutor?

In case of heavy work schedule of the public prosecutor, or in the event of lack of public prosecutors, the private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecutor to prosecute the case subject to the approval of the court.

Is selective prosecution a defense?