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What was the issue in US v Armstrong?

What was the issue in US v Armstrong?

To show selective prosecution, an individual must show that a prosecutorial policy had both a discriminatory purpose and a discriminatory effect. In other words, they must show that prosecutors did not charge similarly situated people of other races.

How do you win a discovery motion in a selective prosecution case?

“To prevail on a selective prosecution challenge, a defendant must first make a prima facie showing that he has been singled out for prosecution while others similarly situated and committing the same acts have not.” State v.

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.

Who won US v Armstrong?

In an 8-1 decision, announced by Chief Justice William H. Rehnquist, the Court held that in order to file selective-prosecution claims, defendants must show that the government failed to prosecute similarly situated suspects of other races.

What was Bordenkircher v Hayes?

In Bordenkircher v. Hayes, the United States Supreme Court upheld a conviction on a charge the prosecutor admittedly filed solely because the defendant refused to plead guilty to another set of charges.

Is selective prosecution a defense?

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.

What constitutes vindictive prosecution?

Vindictive prosecution has been defined by the United States Court of Appeals for the Seventh Circuit as behavior that results from “specific animus or ill will” or that occurs when a prosecutor “charges a more serious violation . . . in retaliation for the exercise of a legal or constitutional right in connection with …

Is malicious prosecution a crime?

A claim of malicious prosecution is a civil case, not a criminal one. This claim is meant to deal with filed lawsuits that are: filed to harass; and. completely without merit.

What happened in the Ricketts v Adamson 1987 case?

Conclusion: The United States Supreme Court held that defendant’s breach of the plea agreement between the parties removed the double jeopardy bar to prosecution of defendant on the first-degree murder charges that he faced prior to the plea agreement.

What was the holding in the Bordenkircher v Hayes 1978 case?

Pp. 434 U. S. 362-364. (c) This Court has accepted as constitutionally legitimate the simple reality that the prosecutor’s interest at the bargaining table is to persuade the defendant to forgo his right to plead not guilty, and, in pursuing that course here, the prosecutor did not exceed constitutional bounds. Pp.

Who won Stack v Boyle?

The U.S. Supreme Court found “that a defendant’s bail cannot be set higher than an amount that is reasonably likely to ensure the defendant’s presence at the trial.” It was determined that the $50,000 bail was excessive, given the lack of financial resources of the defendants and a lack of evidence that they were …