CRJU 203 Lecture Notes - Lecture 17: Selective Prosecution, Equal Protection Clause, Excessive Bail Clause

• School: USC, SC, Carolina, South Carolina
• Department: Criminology and Criminal Justice
• Course: CRJU 203
• Professor: Theresa Clement

Document Summary

Very few people who are arrested go to trial. Although prosecutor has huge amount of discretion the constitution does strain that protection sometimes. The decision to prosecute cannot be justified on some arbitrary factor (race, religion). Selective prosecution: defendant is singled out on a charge based on race, ethnicity, etc. If the prosecutor does this the defendant should not actually be prosecuted because it violates equal protection and due process. Only prosecuting white males or african american males etc. this is a procedural defense not a substantial defense. They went about it wrong not that the crime was not committed. Vindictive prosecution: new or more serious charges are brought just because a defendant exercises his (cid:272)o(cid:374)stitutio(cid:374)al (cid:396)ights. Usually this (cid:449)ill (cid:272)o(cid:373)e up (cid:449)he(cid:374) a (cid:272)ase is o(cid:448)e(cid:396)tu(cid:396)(cid:374)ed o(cid:374) a(cid:374) appeal. They a(cid:396)e(cid:374)"t allowed to make you afraid to use your constitutional rights.