Selective prosecution is a claim that the prosecutor singled out the defendants, and charged them for unlawful/discriminatory reasons rather than on the basis of the commission of the crime.

Based U.S. v. Armstrong the role of prosecutors

1. When a prosecutor believes a suspect should be charged with a crime, what must they prove/show in order to bring charges in a valid manner?

2. What must a defendant show in order to win a claim of selective prosecution?

3. Define the term 'discriminatory effect'.

4. Explain what the standard of proof is for "discriminatory effect" when making a pre-trial discovery motion (like the one the Armstrong defendants had asked for).

5. If a prosecutor engages in unethical conduct or 'prosecutorial misconduct' is it possible for a defendant to sue the prosecutor as an individual for money damages? Why or why not?