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Selective Enforcement
In law, selective enforcement occurs when government officials (such as police officers, prosecutors, or regulators) exercise discretion, which is the power to choose whether or how to punish a person who has violated the law. The biased use of enforcement discretion, such as that based on racial prejudice or corruption, is usually considered a legal abuse and a threat to the rule of law. In some cases, selective enforcement may be desirable. For example, a verbal warning to a teenager may effectively alter their behavior without resorting to legal punishment and with the added benefit of reducing governmental legal costs. In other cases, selective enforcement may be inevitable. For example, it may be impractical for police officers to issue traffic tickets to every driver they observe exceeding the speed limit, so they may have no choice but to limit action to the most flagrant examples of reckless driving. Therefore, the mere fact that a law is selectively enforced against ...
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Official
An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority, (either their own or that of their superior and/or employer, public or legally private). An elected official is a person who is an official by virtue of an election. Officials may also be appointed '' ex officio'' (by virtue of another office, often in a specified capacity, such as presiding, advisory, secretary). Some official positions may be inherited. A person who currently holds an office is referred to as an incumbent. Something "official" refers to something endowed with governmental or other authoritative recognition or mandate, as in official language, official gazette, or official scorer. Etymology The word ''official'' as a noun has been recorded since the Middle English period, first seen in 1314. It comes from the Old French ''official'' (12th century), from t ...
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Yick Wo V
Yì () is a Chinese surname, in Cantonese it is transliterated as Yick or Yik, the Chinese commercial code (CCC) of which is 2496. It is also rarely spelled as Yih or Ie, depending on where it is originated. Yi (이), is a phonetic pronunciation of a Korean surname that has a different origin than the Chinese surname (易). The origin of Yi (Korean surname) can be traced back to the writings of Sima Qian and Three Kingdoms of Korea and uses the Chinese characters 李, 異, or 伊. They are often romanized as Li (surname) or Lee (Korean surname), or Itō (surname) in Japanese. Yi is also different Chinese family names, written (), () and (). Place of origin According to the book of Hundred Family Surnames ( 百家姓), Yi family originated from Jiang ( 姜) family who moved to Yi county (present day Chang county in Hebei province). The other place of origin is Yi county (present day Yi county in Hebei province). During the period of Qin dynasty, Yi family were mainly situate ...
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Michal Tamir (Scholar)
Michal Tamir (Hebrew: מיכל טמיר) (born in Israel on January 31, 1970) is president of the Israeli Law and Society Association. She is a professor of public law and criminal procedure law in the Academic Center of Science and law, and a practicing lawyer. Biography Michal Tamir was born on January 31, 1970, in Tirat Carmel, Israel, to parents of Iraqi origin. She is a professor of law aThe Academic Center of Science of law She also serves as an adjunct professor at thBar Ilan University's Faculty of Law Tamir earned her LL.B. in thUniversity of Haifa(1995 ''cum laude'' and ranked first) and LL.M. in thHebrew University(1999 "magna cum laude", and ranked first). She received her LL.D. in 2005 from thHebrew University Her doctoral thesis was on "Selective Enforcement", supervised by former Supreme Court Justice, Professor Yitzhak Zamir. Professor Tamir served from 1995 to 1996 as an intern of Supreme Court Justice Yitzhak Zamir and in 1997 she served as a legal assistant for ...
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Ticket Fixing
Ticket fixing is a practice in which a public official destroys or dismisses a pending traffic ticket as a favor to a friend or family member. For example, police officers in a number of jurisdictions have been charged with destroying pending tickets at the request of other officers. Judges have also been accused of ticket fixing. Some police officers consider it a "professional courtesy" extended to friends and relatives of police officers. However, the practice is unpopular with the general public, and is illegal in most jurisdictions. United States Allegations of ticket fixing have cropped up for decades in jurisdictions around the United States, including Georgia, Alabama, New York City, and San Diego. In 1986, officers of the Georgia State Patrol faced charges of ticket fixing. In 1999, an investigation revealed widespread ticket-fixing in Alabama. In 2004, Santa Clara County judge William Danser faced charges of fixing tickets and reducing drunk driving sentences for "South ...
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Equality Before The Law
Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law. The principle requires a systematic rule of law that observes due process to provide equal justice, and requires equal protection ensuring that no individual nor group of individuals be privileged over others by the law. Sometimes called the principle of isonomy, it arises from various philosophical questions concerning equality, fairness and justice. Equality before the law is one of the basic principles of some definitions of liberalism. It is incompatible with legal slavery. Article 7 of the Universal Declaration of Human Rights (UDHR) states: "All are equal before the law and are entitled without any discrimination to equal protection of the law". Thus, everyone must be treated equally under the law regardless of race, gender, color, ethnicity, religion, disability, o ...
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Selective Prosecution
In jurisprudence, selective prosecution is a procedural defense in which defendants argue that they should not be held criminally liable for breaking the law, as the criminal justice system discriminated against them by choosing to prosecute. In claims of selective prosecution, defendants essentially argue that it is irrelevant whether they are guilty of violating a law, but that the fact of being prosecuted is based upon forbidden reasons. Such a claim might, for example, entail an argument that persons of different age, race, religion, or gender, were engaged in the same illegal acts for which the defendant is being tried and were not prosecuted, and that the defendant is ''only'' being prosecuted because of a bias. In the United States, this defense is based upon the 14th Amendment, which stipulates, "nor shall any state deny to any person within its jurisdiction the equal protection of the laws." The U.S. Supreme Court has defined the term as: "A selective prosecution cla ...
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Deferred Action For Childhood Arrivals
Deferred Action for Childhood Arrivals, colloquially referred to as DACA, is a United States immigration policy that allows some individuals with unlawful presence in the United States after being brought to the country as children to receive a renewable two-year period of deferred action from deportation and become eligible for an employment authorization document ( work permit) in the U.S. To be eligible for the program, recipients cannot have felonies or serious misdemeanors on their records. Unlike the proposed DREAM Act, DACA does not provide a path to citizenship for recipients. The policy, an executive branch memorandum, was announced by President Barack Obama on June 15, 2012. U.S. Citizenship and Immigration Services (USCIS) began accepting applications for the program on August 15, 2012. In November 2014, President Obama announced his intention to expand DACA to cover additional undocumented immigrants. Multiple states immediately sued to prevent the expansion, wh ...
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Priority Enforcement Program
The Priority Enforcement Program (PEP, sometimes also called PEP-COMM, PEP-Comm, or Pep-Comm) is a program by U.S. Immigration and Customs Enforcement (ICE), the agency responsible for immigration enforcement in the interior of the United States, under the U.S. Department of Homeland Security (DHS). PEP was an ICE program that worked with state and local law enforcement to identify illegal aliens (people who are not United States citizens) who come in contact with state or local law enforcement, and remove those who are removable (either because their presence is unauthorized, or because they committed an aggravated felony). PEP was announced by DHS Secretary Jeh Johnson in a November 20, 2014 memo as a replacement for Secure Communities (S-COMM). It builds on an updated list of immigration enforcement priorities released in another memo by Johnson issued on the same day. The official rollout of the program started on July 2, 2015. The enforcement priorities referenced in PEP were ...
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Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as '' Brown v. Board of Education'' (1954) regarding racial segregation, ''Roe v. Wade'' (1973) regarding abortion ( overturned in 2022), '' Bush v. Gore'' (2000) regarding the 2000 presidential election, and '' Obergefell v. Hodges'' (2015) regarding same-sex marriage. The amendmen ...
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Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws.''" It mandates that individuals in similar situations be treated equally by the law. A primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the guaranteed right to equal protection by law. As a whole, the Fourteenth Amendment marked a large shift in American constitutionalism, by applying substantially more constitutional restrictions against the states than had applied before the Civil War. The meaning of the Equal Protection Clause has been the subject of much debate, and inspired the well-known phrase " Equal Justice Under Law". This clause was the basis for '' Brown v. Board of Education'' (1954), the ...
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United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ...
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Oyler V
Oyler is a surname. Notable people with the surname include: * Andy Oyler, American baseball player * Chris Oyler, American Author * Ray Oyler, American baseball player See also * Leonhard Euler Leonhard Euler ( , ; 15 April 170718 September 1783) was a Swiss mathematician, physicist, astronomer, geographer, logician and engineer who founded the studies of graph theory and topology and made pioneering and influential discoveries in ma ..., Swiss mathematician whose name is pronounced as 'OY-ler' * * * Oiler (other) {{surname, Oyler ...
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