United States v. Armstrong

The subject of selective prosecution was addressed by the United States Supreme Court in United States v. Armstrong, 517 U.S. 456, 116 S.Ct. 1480, 134 L.Ed.2d 687 (1996). In that case, the defendants sought to dismiss a federal indictment on the grounds that they had been discriminated against by means of selective prosecution. The Court indicated that "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." Armstrong, supra, 517 U.S. at 463, 116 S. Ct. at 1486, 134 L. Ed. 2d at 698. The burden that a defendant must meet to establish such a claim "is a demanding one." Ibid. He or she must demonstrate that the criminal laws were "directed so exclusively against a particular class" so as to amount to a "practical denial" of equal protection under the law. Id. at 464-65, 116 S. Ct. at 1486, 134 L. Ed. 2d at 698.