Re:Cuban responds to the SEC Insider Trading complaint
by Alex3917 on Monday November 17, 2008 @03:29PM
(#367308)
IIRC prosecutors are not allowed to selectively enforce a law. For example, if Asians are forbidden from being within Boston city limits then the government can't prosecute only Yao Ming to keep him from beating up on their basketball team.
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Re:Cuban responds to the SEC Insider Trading complaint
by tptacek on Monday November 17, 2008 @03:35PM
(#367315)
Wikipedia:
[According to SCOTUS] "A selective prosecution claim is not a defense on the merits to the criminal charge itself, but an independent assertion that the prosecutor has brought the charge for reasons forbidden by the Constitution."[1] The defense is rarely successful; some authorities claim, for example, that there are no reported cases in at least the past century in which a court dismissed a criminal prosecution because the defendant had been targeted based on race.