Section 13.51 Selective Prosecution

• Library: Criminal Practice 2012 Supp

B. (§13.51) Selective Prosecution

Prosecutors have a great deal of discretion to file charges as they see fit. State v. Patino, 12 S.W.3d 733 (Mo. App. S.D. 1999). But counsel may file a motion to dismiss for selective prosecution if a client has been charged for an impermissible reason. See Oyler v. Boles, 368 U.S. 448 (1962). The facts necessary to support such a ground are extremely difficult to establish. See Wayte v. United States, 470 U.S. 598 (1985). In United States v. Bourque, 541 F.2d 290 (1^st Cir. 1976), it was held that a defendant must show that the government normally has not prosecuted others for the crime with...