Selective prosecution (a term of
jurisprudence) refers to a
procedural defense via which a
defendant may 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. For example, a defendant might argue that, although they broke the law, people of different age,
race,
religion,
sex, etc., 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 [shall any
state] deny to any person within its
jurisdiction the
equal protection of the laws."
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