Guy Rubenstein, Selective Prosecution, Selective Enforcement, and Remedial Vagueness, 2022 Wis. L. Rev. 826 (2022).
Abstract
The Supreme Court has explicitly decided not to specify the remedy a criminal defendant proven to be the victim of selective prosecution or selective enforcement should be granted, if any. This Article includes a theoretical analysis of the possible ramifications of the Court’s decades long approach, which it refers to as “remedial vagueness.”
