Prosecutorial vindictiveness

Prosecutorial vindictiveness encompasses actions taken by a prosecutor to punish a defendant for not acceding to his demands. The U.S. Supreme Court has held that the constitutional guarantee of due process protects a defendant against prosecutorial vindictiveness. To establish a prima facie case of prosecutorial vindictiveness, the defendant must show either direct evidence of actual vindictiveness or facts that warrant appearance of such. Blackledge v. Perry is the leading case in the realm of prosecutorial vindictiveness, but it has been limited by later decisions.^[1] Some difficulty has been cited in prohibiting prosecutorial vindictiveness while preserving prosecutorial discretion.^[2]

References

1. Breathing New Life into Prosecutorial Vindictiveness Doctrine, JSTOR 1342500
2. CP Erlinder (1985), Prohibiting Prosecutorial Vindictiveness, JSTOR 1143612