Is there a difference between selective prosecution and vindictive prosecution?

MultiRegion, United States of America

The following excerpt is from U.S. v. Belcher, 959 F.2d 242 (9th Cir. 1992):

1 There is little substantive difference between selective prosecution and vindictive prosecution. United States v. Wilson, 639 F.2d 500, 502 (9th Cir.1981). Vindictive prosecution arises where the government increases the severity of alleged charges in response to a defendant's exercise of his rights. Id. Selective prosecution challenges arise when a defendant alleges that he is being prosecuted initially for having exercised his rights. Id. The interests involved are the same as in vindictive prosecution, i.e., the defendant seeks protection from criminal prosecution initiated punitively because of the exercise of his rights. Id.

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