In U.S. federal criminal law, a defendant who claims vindictive prosecution must show that the prosecutor acted with genuine animus toward the defendant and pursued charges to punish the defendant for exercising a protected right.
November 19, 2025
high
legal_standard
Describes the legal elements required to prove a vindictive prosecution claim in federal cases.
In U.S. federal criminal law, a claim of vindictive prosecution requires a defendant to show that a prosecutor acted with 'genuine animus' toward the defendant and pursued charges to punish the defendant for exercising a legally protected right.
November 19, 2025
high
legal
Legal standard used to seek dismissal of an indictment on grounds that prosecution was retaliatory for protected conduct.
If a jury deadlocks resulting in a hung jury or mistrial, prosecutors may elect to retry the defendant.
November 18, 2025
high
temporal
A hung jury/mistrial does not automatically preclude retrial; prosecutorial discretion governs whether to pursue a new trial.
A prosecutor's personal or romantic relationship with another prosecutor can create an appearance of impropriety that may lead to the prosecutor's disqualification from handling a case under ethics and conflict-of-interest standards.
November 14, 2025
high
legal
Conflict-of-interest and ethical standards governing prosecutors' conduct
If the sole prosecutor who signed an indictment was later found not to have been properly appointed, a court can dismiss the indictment on the grounds of improper appointment.
October 17, 2025
high
legal_principle
Appointment defects of the individual prosecutor who signed charging documents can be a basis for challenging indictments.
Defendants in U.S. federal criminal cases can file pretrial motions to dismiss indictments on grounds of prosecutorial vindictiveness.
high
legal_procedure
This describes a recognized defense and procedural motion available in federal criminal litigation.