Challenges To the Decision To Prosecute

• Jurisdiction: Maryland

XVI. Challenges to the decision to prosecute

A. Equal protection

The defendant may show, but is highly unlikely to be able to show, that the right to equal protection has been denied. In Oyler v. Boles, 368 U.S. 448, 456 (1962), the Supreme Court held that, for an equal protection violation, the defendant must show, by clear and convincing evidence, a deliberate selection based on an unjustifiable standard. See United States v. Armstrong, 517 U.S. 456 (1996).

B. Vindictive prosecution

In United States v. Goodwin, 457 U.S. 368, 381 (1982), the Supreme Court held that there is no presumption of vindictiveness...