In order for a defendant to make a successful claim of selective prosecution, what must he demonstrate?

Question

Quizplus · Accepted Answer

To make a successful claim of selective prosecution, a defendant must show clear and convincing evidence of both discriminatory impact and discriminatory intent. This means proving that others similarly situated have not been prosecuted and that the prosecution was based on an unjustifiable standard such as race, religion, or other arbitrary classification.

In Order for a Defendant to Make a Successful Claim