unjustifiable standard in Missouri

2022Under longstanding Supreme Court decisions, the Equal Protection Clause prohibits selective prosecution “based upon an unjustifiable standard such as race, religion, or other arbitrary classification.” United States v. Batchelder, 442 U.S. 114 , 125 n.9 (1979); accord United States v. Armstrong, 517 U.S. 456, 464 (1996).

2022“A defendant may demonstrate that the administration of a criminal law is directed so exclusively against a particular class of persons with a mind so unequal and oppressive that the system of prosecution amounts to a practical denial of equal protection of the law.” Armstrong, 517 U.S. at 464-65 (internal quotation marks and alterations omitted). 8 In support of the selective-prosecution claim, the special prosecutor alleges the trial prosecuting attorney tried five cases during his tenure as prosecutor where defendants were charged with killing police officers and the prosecutor sought the d

2004A criminal defendant’s proof of a policy of selective enforcement must show “that the selection was deliberately based upon an unjustifiable standard such as race, religion, or other arbitrary classification.” Id.; see also State v. Watts, 601 S.W.2d 617, 621 (Mo.1980).

1993See also State v. Luck, 15 Ohio St.3d 150 , 472 N.E.2d 1097, 1105 [9] (1984) (due process violation from pre-indictment delay may be shown by actual prejudice plus the government’s unjustifiable error in judgment).

1993See also State v. Luck, 15 Ohio St.3d 150 , 472 N.E.2d 1097, 1105 [9] (1984) (due process violation from pre-indictment delay may be shown by actual prejudice plus the government’s unjustifiable error in judgment).

1980Batchelder notes that “[t]he Equal Protection Clause prohibits selective enforcement ‘based upon an unjustifiable standard such as race, religion or other arbitrary classification.’ Oyler v. Boles, 368 U.S. 448, 456 [ 82 S.Ct. 501, 506 , 7 L.Ed.2d 446 ] (1962).” 442 U.S. 125, fn. 9 , 99 S.Ct. 2204 .

1980Batchelder notes that “[t]he Equal Protection Clause prohibits selective enforcement ‘based upon an unjustifiable standard such as race, religion or other arbitrary classification.’ Oyler v. Boles, 368 U.S. 448, 456 [ 82 S.Ct. 501, 506 , 7 L.Ed.2d 446 ] (1962).” 442 U.S. 125, fn. 9 , 99 S.Ct. 2204 .

1980Therefore grounds supporting a finding of a denial of equal protection were not alleged.” As stated in United States v. Berrios, 501 F.2d 1207, 1211 (2d Cir.1974), cited and quoted with approval in United States v. Swanson, 509 F.2d 1205, 1208 (8th Cir.1975), “[t]o support a defense of selective or discriminatory prosecution, a defendant bears the heavy burden of establishing, at least prima facie, (1) that, while others similarly situated have not generally been proceeded against because of conduct of the type forming the basis of the charge against him, he has been singled out for prosecutio

1980Therefore grounds supporting a finding of a denial of equal protection were not alleged.” As stated in United States v. Berrios, 501 F.2d 1207, 1211 (2d Cir.1974), cited and quoted with approval in United States v. Swanson, 509 F.2d 1205, 1208 (8th Cir.1975), “[t]o support a defense of selective or discriminatory prosecution, a defendant bears the heavy burden of establishing, at least prima facie, (1) that, while others similarly situated have not generally been proceeded against because of conduct of the type forming the basis of the charge against him, he has been singled out for prosecutio

1980Therefore grounds supporting a finding of a denial of equal protection were not alleged.” As stated in United States v. Berrios, 501 F.2d 1207, 1211 (2d Cir.1974), cited and quoted with approval in United States v. Swanson, 509 F.2d 1205, 1208 (8th Cir.1975), “[t]o support a defense of selective or discriminatory prosecution, a defendant bears the heavy burden of establishing, at least prima facie, (1) that, while others similarly situated have not generally been proceeded against because of conduct of the type forming the basis of the charge against him, he has been singled out for prosecutio