Does a district attorney's failure to follow guidelines for prosecuting an escape constitute a due process violation?
MultiRegion, United States of America
The following excerpt is from Brooks v. Maass, 9 F.3d 1550 (9th Cir. 1993):
Finally, whether this scenario fits within the district attorney's guidelines for prosecuting an escape is not dispositive of the due process claim. In the absence of proof that the decision to prosecute was in fact arbitrary, the district attorney's alleged failure to follow the guidelines does not amount to a due process violation. See Engle v. Isaac, 456 U.S. 107, 121 & n. 21 (1982) (error of state law is not, in and of itself, a due process violation).
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