In a fair criminal justice system, every individual should be treated equally under the law. Prosecutors are expected to make decisions based on facts, evidence, and legal standards, not on personal preferences or discriminatory motives. Unfortunately, that is not always the reality. In some cases, a person is singled out for charges not because their conduct was more serious or harmful, but because of who they are, what they believe, or how they have exercised their rights. This unequal and unjust treatment is called selective prosecution, and it represents a severe constitutional violation that can undermine the entire criminal process. 

Selective prosecution is more than unfair; it strikes at the very core of the justice system. When the government decides to prosecute someone for improper reasons, the integrity of the system is compromised. Instead of serving justice, the prosecution becomes a tool for discrimination or retaliation. Understanding what selective prosecution is, how it occurs, and what legal options exist to challenge it is crucial for anyone facing criminal charges under such circumstances.

What Selective Prosecution Really Means

Selective prosecution occurs when the government chooses to prosecute one individual while ignoring others who engaged in similar conduct, and an unjust or discriminatory motive drives the decision. This does not mean that the government cannot make choices about which cases to pursue; prosecutors have broad discretion to decide which charges are appropriate. However, they cannot use this discretion to punish someone based on factors such as race, religion, gender, national origin, political affiliation, or the exercise of constitutional rights.

For example, if several people commit the same act but only one is charged because of their ethnicity, political views, or public criticism of a government agency, that disparity raises serious constitutional concerns. Selective prosecution violates the Equal Protection Clause of the Fourteenth Amendment, which guarantees that all individuals are entitled to equal treatment under the law.

How Selective Prosecution Can Happen

Although the concept may seem straightforward, selective prosecution can occur in subtle and complex ways. In some situations, it arises when law enforcement and prosecutors decide to focus on certain individuals while overlooking others who engaged in the same behavior. This may happen when a person becomes a target because of their background, their associations, or even their willingness to speak out against authorities.

In other scenarios, selective prosecution appears as retaliation. Individuals who file complaints against police, participate in protests, or refuse to cooperate with investigators may suddenly find themselves facing charges that others in similar positions did not. The prosecution is then used as a form of punishment for exercising constitutional rights such as free speech, due process, or freedom of association.

There are also instances where personal or political bias plays a role. A prosecutor may pursue charges against a person because of a personal conflict or because the individual represents a political viewpoint that the prosecutor disfavors. Regardless of the form it takes, selective prosecution represents an abuse of power and a threat to the fairness of the justice system.

Why Selective Prosecution Is Difficult to Prove

Even when selective prosecution seems obvious, proving it in court is one of the most challenging tasks a defense attorney can face. Prosecutors are given wide discretion in deciding who to charge and what crimes to pursue, and courts are often reluctant to second-guess those decisions. To succeed on a selective prosecution claim, a defendant must demonstrate two critical elements: first, that they were treated differently from others who were similarly situated, and second, that the government’s decision to prosecute was motivated by an improper or discriminatory purpose.

Meeting this burden typically requires substantial evidence. A defense attorney may need to gather records showing how similar cases were handled, statistical data demonstrating a pattern of discrimination, or communications revealing the prosecutor’s intent. This process can be complex and time-consuming, and the standard of proof is high. However, even if a full selective prosecution claim is difficult to establish, raising the issue can strengthen the defense by highlighting inconsistencies, weaknesses, or unfair practices in the government’s case.

How a Defense Attorney Can Challenge Selective Prosecution

Challenging selective prosecution requires a strategic and informed approach. A defense attorney must carefully analyze the facts of the case, review how similar cases have been handled, and identify any evidence suggesting discrimination or retaliation. If a viable claim exists, the attorney may file a motion to dismiss the charges on constitutional grounds.

This process often involves seeking discovery from prosecutors and law enforcement to uncover information that supports the claim. Comparative case analysis is also crucial, as it can reveal whether other individuals engaged in the same conduct but were not charged or received more favorable treatment. In some cases, patterns of discriminatory enforcement become clear, strengthening the argument that the charges are fundamentally unfair.

Successfully proving that selective prosecution can lead to the complete dismissal of charges. Even when the claim does not result in dismissal, it can place pressure on the prosecution, improve plea negotiations, or expose weaknesses that may be persuasive to a judge or jury.

How RP Jarvis Law Can Help Protect Your Rights

At the Law Office of Robert P. Jarvis, we understand the devastating impact that selective prosecution can have on your life, your future, and your trust in the justice system. Our firm is committed to defending individuals who have been unfairly targeted or treated unequally by law enforcement and prosecutors. We conduct thorough investigations, analyze comparable cases, and examine every aspect of the prosecution’s conduct to identify constitutional violations. Our approach is grounded in experience, determination, and an unwavering commitment to upholding your rights.

If you believe that you have been singled out unfairly or prosecuted for reasons unrelated to the facts of your case, we are here to help. We believe that justice must be applied fairly, and we fight tirelessly to ensure that your voice is heard and your rights are protected from the moment you walk through our door.

Call Us Today for Immediate Assistance

If you suspect that you are a victim of selective prosecution or if you simply want to understand your rights and legal options, do not wait to get help. The sooner you act, the stronger your defense can be. Contact the Law Office of Robert P. Jarvis today to schedule a confidential consultation. You can reach us by phone, submit a message through our website’s contact form, or visit our Mesa office to speak with our team. We are ready to stand by your side, challenge unfair treatment, and fight for the justice you deserve.