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In jurisprudence, selective prosecution is a procedural defense in which defendants argue that they should not be held criminally liable for breaking the law because the criminal justice system discriminated against them by choosing to prosecute. In claims of selective prosecution, defendants essentially argue that it is irrelevant whether they ...
Law enforcement officers cannot be threatened, harassed, or promised rewards to induce the answering of any question. Law enforcement officers are entitled to a hearing, with notification in advance of the date, access to transcripts, and other relevant documents and evidence generated by the hearing and to representation by counsel or another ...
The prosecution bears the burden of proof and is required to prove its case beyond a reasonable doubt. This means that in order for a defendant to be found guilty, the case presented by the prosecution must be enough to remove any reasonable doubt in the mind of the judge(s) that the defendant is guilty of the crime with which he/she is charged.
Criminal justice ethics (also police ethics) is the academic study of ethics as it is applied in the area of law enforcement. Usually, a course in ethics is required of candidates for hiring as law enforcement officials. These courses focus on subject matter which is primarily guided by the needs of social institutions and societal values. Law ...
A retaliatory arrest or retaliatory prosecution occurs when law enforcement or prosecutorial actions are initiated in response to an individual’s exercise of their civil rights, such as freedom of speech or assembly. These actions are considered forms of misconduct, as they aim to punish individuals for engaging in constitutionally protected ...
In law, selective enforcement occurs when government officials (such as police officers, prosecutors, or regulators) exercise discretion, which is the power to choose whether or how to punish a person who has violated the law. The biased use of enforcement discretion, such as that based on racial prejudice or corruption, is usually considered a ...
The United States Constitution, including the United States Bill of Rights and subsequent amendments, contains the following provisions regarding criminal procedure. Due to the incorporation of the Bill of Rights, all of these provisions apply equally to criminal proceedings in state courts, with the exception of the Grand Jury Clause of the Fifth Amendment, the Vicinage Clause of the Sixth ...
However, if a pursuit is conducted negligently, resulting in death or injury, the law enforcement agency can be held liable under civil law in the United States. Vehicle pursuits have increasingly been covered under written law enforcement agency policy, to help regulate circumstances and manner that they are conducted.