Is there any case law where a prosecutor's decision not to charge under one criminal statute but under the other under the same criminal code violates equal protection principles?
California, United States of America
The following excerpt is from People v. Rankin, F075406 (Cal. App. 2020):
"[N]either the existence of two identical criminal statutes prescribing different levels of punishments, nor the exercise of a prosecutor's discretion in charging under one such statute and not the other, violates equal protection principles." (People v. Wilkinson (2004) 33 Cal.4th 821, 838.)
"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
Is there any case law where a prosecutor's decision not to charge under one criminal statute but under the other under the same criminal code violates equal protection principles? (California, United States of America)
When will a defendant be charged with an equal protection violation under the Equal Protection Act? (California, United States of America)
What is the test for making an equal protection claim against the state against a defendant who is charged under two different criminal statutes? (California, United States of America)
What is the test for an equal protection claim under the equal protection principles when a defendant is convicted of receiving a stolen vehicle? (California, United States of America)
What is the test for making a claim for equal protection when a defendant is charged under both the same criminal statutes? (California, United States of America)
Is a criminal offence punishable by section 654 of the California Criminal Code when it violates more than one criminal statute? (California, United States of America)
Does the prohibition on admitting evidence of voluntary intoxication for a charge of implied malice murder violate equal protection principles? (California, United States of America)
Does a new criminal conviction for a charge of possession of a drug with intent to commit a criminal offence violate subdivision (e) of the Criminal Code? (California, United States of America)
Can a defendant who is charged with a charge of membership of a criminal gang commit one or more of the "two or more" predicate offenses necessary to establish a pattern of criminal gang activity? (California, United States of America)
Can a reduction of a criminal conviction to a criminal charge change the nature of the criminal conviction? (California, United States of America)
