Examlex
In U.S. v. Armstrong, the case in which the defendants' made a motion for dismissal on selective prosecution grounds because they were Black, the Supreme Court indicated that:
I. Prosecution may not be based on an unjustifiable standard such as race.
II. The claimant must demonstrate that the federal prosecution policy had a discriminatory effect.
III. The claimant must demonstrate that the federal prosecution policy was motivated by a discriminatory purpose.
IV. The defendant's evidence in this case did not constitute the essential elements of a selective prosecution claim.
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