law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

, selective enforcement occurs when government

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 ...

s (such as

police officer A police officer (also called a policeman and, less commonly, a policewoman) is a warranted law employee of a police force. In most countries, "police officer" is a generic term not specifying a particular rank. In some, the use of the ...

prosecutor A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the ...

s, or

regulators Regulator may refer to: Technology * Regulator (automatic control), a device that maintains a designated characteristic, as in: ** Battery regulator ** Pressure regulator ** Diving regulator ** Voltage regulator * Regulator (sewer), a control de ...

) exercise

discretion Discretion has the meaning of acting on one's own authority and judgment. In law, discretion as to legal rulings, such as whether evidence is excluded at a trial, may be exercised by a judge. Some view discretion negatively, while some view it ...

, which is the power to choose whether or how to punish a person who has violated the law. The

bias Bias is a disproportionate weight ''in favor of'' or ''against'' an idea or thing, usually in a way that is closed-minded, prejudicial, or unfair. Biases can be innate or learned. People may develop biases for or against an individual, a group, ...

ed use of enforcement discretion, such as that based on

racial prejudice Racism is the belief that groups of humans possess different behavioral traits corresponding to inherited attributes and can be divided based on the superiority of one race over another. It may also mean prejudice, discrimination, or antagonism ...

corruption Corruption is a form of dishonesty or a criminal offense which is undertaken by a person or an organization which is entrusted in a position of authority, in order to acquire illicit benefits or abuse power for one's personal gain. Corruption m ...

, is usually considered a

legal abuse {{Commonscat Articles that pertain, directly or indirectly, to improper use of the legal system, or to abuse ''by'' the legal system, or to allegations thereof. Law by issue Legal ethics Practice of law Sociology of law Lawsuits Abuse ...

and a threat to the

rule of law The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica ...

. 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 ticket A traffic ticket is a notice issued by a law enforcement official to a Driving, motorist or other road user, indicating that the user has violated Traffic, traffic laws. Traffic tickets generally come in two forms, citing a moving violation, suc ...

s 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 one person and not against another, absent bias or pattern of enforcement against a constitutionally-protected class, is not illegal.

United States

In the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

federal system, the

has wide latitude in determining when, who, how, and even whether to prosecute for apparent violations of federal criminal law. The prosecutor's broad discretion in such areas as initiating or forgoing prosecutions, selecting or recommending specific charges, and terminating prosecutions by accepting guilty pleas has been recognized on numerous occasions by the courts. Wayte v. United States 470 U.S. 598 (1985) said:

In our criminal justice system, the Government retains "broad discretion" as to whom to prosecute. ..This broad discretion rests largely on the recognition that the decision to prosecute is particularly ill-suited to judicial review. Such factors as the strength of the case, the prosecution's general deterrence value, the Government's enforcement priorities, and the case's relationship to the Government's overall enforcement plan are not readily susceptible to the kind of analysis the courts are competent to undertake.

Yick Wo v. Hopkins ''Yick Wo v. Hopkins'', 118 U.S. 356 (1886), was the first case where the United States Supreme Court ruled that a law that is race-neutral on its face, but is administered in a prejudicial manner, is an infringement of the Equal Protection Claus ...

'' (1886) was the first case where the

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 o ...

ruled that a law that is race-neutral on its face, but is administered in a prejudicial manner, is an infringement of the

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 ...

in the Fourteenth Amendment to the

U.S. Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...

Immigration law

Selective enforcement has become a topic of great discussion in the illegal immigration debate. The 2011 "Morton Memo"Morton Memo
/ref> laid out enforcement priorities for the

U.S. Immigration and Customs Enforcement The U.S. Immigration and Customs Enforcement (ICE) is a federal law enforcement agency under the U.S. Department of Homeland Security. ICE's stated mission is to protect the United States from the cross-border crime and illegal immigration tha ...

, and was intended to channel limited resources into prioritized pursuit of cases involving criminals and felons. It was interpreted as the waiver of active prosecution of non-criminal illegal aliens and the exclusive focus on criminal illegal aliens. Enforcement priorities were further defined by the

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 ...

program, which started in 2012. This uses the executive branch's discretionary authority to grant certain people who were illegally brought to the United States as minors the temporary authorization to live and work in the United States.

References

{{reflist Ethically disputed judicial practices Law enforcement terminology

United States

Immigration law

See also

Further reading

References