vindictive prosecution

Vindictive prosecution is a criminal law doctrine in which a prosecutor charges a defendant with a more severe crime or additional crimes in relation or punishment for the defendant exercising a legal right. Vindictive prosecution is an unconstitutional violation of due process requirements because it is intended to harass a defendant, and is not based on legitimate legal justification. These prosecutions may be a result of a defendant’s successful appeal, breaking a plea agreement, or the exercise of other legal rights. To prove vindictive prosecution, defendants must present objective evidence showing that the action was solely based on improper reasons and not rational prosecutorial discretion. For more information, visit the Library of Congress CRS Report on Federal Prosecutorial Discretion: A Brief Overview.

[Last reviewed in June of 2026 by the Wex Definitions Team]

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