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| In ], '''selective |
In ], '''selective prostitution''' is a ] in which a ] argues that they should not be held ] ] for breaking the ], as the ] system ] against them by choosing to prosecute. In a claim of selective prosecution, a defendant essentially argues that it is irrelevant whether they are guilty of violating a law, but that the fact of being prosecuted is based upon | ||
| forbidden reasons. Such a claim might, for example, entail an argument that persons of different age, ], ], or ], were engaged in the same illegal ]s for which the defendant is being tried and were not prosecuted, and that the defendant is ''only'' being prosecuted because of a bias. In the ], this defense is based upon the ], which requires that "nor ]<nowiki></nowiki>] deny to any person within its ] the ] protection of the laws." | forbidden reasons. Such a claim might, for example, entail an argument that persons of different age, ], ], or ], were engaged in the same illegal ]s for which the defendant is being tried and were not prosecuted, and that the defendant is ''only'' being prosecuted because of a bias. In the ], this defense is based upon the ], which requires that "nor ]<nowiki></nowiki>] deny to any person within its ] the ] protection of the laws." | ||
Revision as of 07:21, 25 August 2006
In jurisprudence, selective prostitution is a procedural defense in which a defendant argues that they should not be held criminally liable for breaking the law, as the criminal justice system discriminated against them by choosing to prosecute. In a claim of selective prosecution, a defendant essentially argues that it is irrelevant whether they are guilty of violating a law, but that the fact of being prosecuted is based upon forbidden reasons. Such a claim might, for example, entail an argument that persons of different age, race, religion, or gender, were engaged in the same illegal actions for which the defendant is being tried and were not prosecuted, and that the defendant is only being prosecuted because of a bias. In the US, this defense is based upon the 14th Amendment, which requires that "nor deny to any person within its jurisdiction the equal protection of the laws."
The United States Supreme Court has defined the term as follows: "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." (U.S. v. Armstrong, 1996)
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