Can a district attorney request a motion to recuse the office of the District Attorney's Office from prosecution of a charge of sexual assault based on race, religion or other arbitrary classification?

California, United States of America


The following excerpt is from People v. Vasquez, 14 Cal.App.5th 1019, 223 Cal.Rptr.3d 24 (Cal. App. 2017):

"A prosecutor's discretion to prosecute is constrained by federal principles of equal protection and may not be based on ' "an unjustifiable standard such as race, religion, or other arbitrary classification." ' " ( People v. Montes (2014) 58 Cal.4th 809, 828, 169 Cal.Rptr.3d 279, 320 P.3d 729.)

A motion to recuse the district attorney's office may be granted " 'whenever the circumstances of a case evidence a reasonable possibility that the [district attorney's] office may not exercise its discretionary function in an evenhanded manner.' " ( Packer v. Superior Court (2014) 60 Cal.4th 695, 709, 181 Cal.Rptr.3d 41, 339 P.3d 329.)

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