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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