Topic: the executive branch has exclusive authority and absolute d… · Go Syfert
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Topic #1640

8 canonical passages across 6 cases, quoted by 171 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from United States v. Nixon.

#Case FlagCanonical passage Citers
1 United States v. Nixon Anchor
scotus · 1974
green “the executive branch has exclusive authority and absolute discretion to decide whether to prosecute a case.” 51
2 Bordenkircher v. Hayes
scotus · 1978
green “in our system, so long as the prosecutor has probable cause to believe that the accused committed an offense defined by statute, the decision whether or not to prosecute, and what charge to file or bring before a grand jury, generally rests entirely in his discretion.” 35
3 Wayte v. United States
scotus · 1985
green “particularly ill-suited to judicial review.” 19
4 Wayte v. United States
scotus · 1985
green “such factors as the strength of the case, the prosecution's general deterrence value, the government's enforcement priorities, and the case's relationship to the government's overall enforcement plan are not readily susceptible to the kind of analysis the courts are competent to…” 16
5 United States v. Agustin Gallegos-Curiel
ca9 · 1982
green “the appearance of vindictiveness results only where, as a practical matter, there is a realistic or reasonable likelihood of prosecutorial conduct that would not have occurred but for hostility or a punitive animus towards the defendant because he has exercised his specific lega…” 4
6 United States v. Bernardino Ruesga-Martinez
ca9 · 1976
green “seekss to reduce or eliminate apprehension on the part of an accused” 3
7 United States v. Franke Eugenio Martinez
ca9 · 1986
green “requires us to consider legal concepts in the mix of fact and law,” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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