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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, except when on duty or acting in an official capacity, have the right to engage in political activity or run for elective office. Law enforcement officers shall, if disciplinary action is expected, be notified of the investigation, the nature of the alleged violation, and be notified of the outcome of the investigation ...
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 ...
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 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.
Prosecutors have asked judges to stop using the term to refer to an unintentional error, and to restrict its use to describe a breach of professional ethics. E. Norman Veasey , the chief justice of Delaware Supreme Court , answered one such request in 2003 by noting the term's extensive use in rulings over the past 60 years.
Most allegations of police misconduct are investigated by police forces' own professional standards departments (with oversight by the IOPC). The IOPC also conducts independent investigations of serious allegations of misconduct or criminal offences by police officers and other law enforcement officers.
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.