What is the test for the defense of selective prosecution?
MultiRegion, United States of America
The following excerpt is from U.S. v. Kler, 967 F.2d 594 (9th Cir. 1992):
To establish the defense of selective prosecution, a defendant must show (1) that others similarly situated have not been prosecuted, and (2) that he was selected for prosecution on the basis of an impermissible ground such as race, religion or the exercise of a constitutional right. See United States v. McWilliams, 730 F.2d 1218, 1221 (9th Cir.1984).
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