From: Harvey, Steven (sharvey@co.coconino.az.us)
Date: Tue Jan 07 2003 - 09:39:54 MST
Rafal wrote:
### It's quite annoying to keep hearing the same untruth over and over
again: The enforcers cannot legally haul you away if you can prove that they
failed to prosecute to roughly the same degree all other persons guilty of
the same offense. Selective enforcement is not legal, and transparency will
give you the information you need to prevail in court against those who
would try to harass you.
As a practicing criminal defense attorney, I can attest that this is not the
case. Selective prosecution is not a defense. Who to prosecute is within
the discretion of the prosecutors, & the only remnedy is to vote them out of
office. The accused cannot prevail on a claim of selective prosecution.
What must be shown is that the particular prosecution is malicious, which is
very different.
Steven Harvey
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