Can a prosecutor's charging decision not to charge a defendant based on race, gender, race or denial of constitutional right be reviewed?
MultiRegion, United States of America
The following excerpt is from U.S. v. Henson, 103 F.3d 142 (9th Cir. 1996):
"[A] prosecutor's charging decision cannot be judicially reviewed absent a prima facie showing that it rested on an impermissible basis, such as gender, race or denial of a constitutional right." United States v. Davis, 36 F.3d 1424, 1432 (9th Cir.1994).
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