CyberSmokeBlog.blogspot.com: Franz Kafka – The Trial!

Filed Under (First Amendment) by webmaster on 10-03-2010

Prosecution is “”vindictive” and violates due process if it is undertaken to punish defendant because he has done something the law plainly allows him to do; thus, showing of actual vindictiveness require objective evidence of some kind of …. or other arbitrary classification, including the exercise of protected statutory and constitutional rights, and prosecutor may not select individual for prosecution solely because of exercise of rights under the First Amendment. …

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