Does a prosecutor violate due process when he brings additional charges against a defendant for exercising his constitutional right?
MultiRegion, United States of America
The following excerpt is from U.S. v. Noushfar, 78 F.3d 1442 (9th Cir. 1996):
A prosecutor violates due process when he brings additional charges solely to punish the defendant for exercising a constitutional or statutory right. Bordenkircher v. Hayes, 434 U.S. 357, 363, 98 S.Ct. 663, 668, 54 L.Ed.2d 604 (1978). To establish a claim of vindictiveness the defendant
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for finding that the government violates due process if it files additional criminal charges to penalize a defendant for exercising protected statutory or constitutional right? (MultiRegion, United States of America)
Does a prosecutor violate due process when he seeks additional charges solely for exercising a constitutional or statutory right? (MultiRegion, United States of America)
Does a prosecutor violate due process when he seeks a superseding charge against a defendant for exercising his constitutional right? (MultiRegion, United States of America)
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)
Is there any federal or statutory violation of a person's right to exercise their constitutional, statutory or constitutional right? (MultiRegion, United States of America)
Can a defendant be sued for civil rights violations if they are found to have violated a plaintiff's civil rights? (MultiRegion, United States of America)
Does improper comment made by a prosecutor violate a defendant's constitutional rights? (MultiRegion, United States of America)
Can a plaintiff bring a substantive due process claim under section 1983 of the California Civil Code against a defendant who deprived them of their constitutional right? (MultiRegion, United States of America)
Does a prosecutor violate a defendant's due process rights when they knowingly present false evidence? (MultiRegion, United States of America)
Can a defendant's due process rights be violated if a prosecutor's misconduct renders a trial fundamentally unfair? (MultiRegion, United States of America)
