Selective Enforcement in Practice
Historically, selective enforcement is recognized as a sign of tyranny, and an abuse of power, because it violates the Rule of Law, allowing those in authority to apply justice only when they choose. Aside from this being inherently unjust, this almost inevitably leads to favoritism and extortion, with those empowered to choose being able to help their friends, take bribes, and threaten those from whom they desire favors.
However, the converse can also be true and police officer discretion is sometimes warranted for minor offenses. For example, giving a verbal warning to a teenager can be effective in altering his behavior without having to resort to the courts, with the added benefit of reducing governmental legal costs. Another example is patrol officers parked on the side of a highway for speed enforcement. It may be impractical and cost prohibitive to ticket everyone who is exceeding the speed limit, so the officer should only take action on the most flagrant speeding offences and examples of reckless driving. It is not possible for a police officer not to use judgement at one level or another.
In the United States federal system, the prosecutor 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 foregoing prosecutions, selecting or recommending specific charges, and terminating prosecutions by accepting guilty pleas has been recognized on numerous occasions by the courts.
Read more about this topic: Enforcement Discretion
Famous quotes containing the words selective and/or practice:
“The selective memory isn’t selective enough.”
—Blake Morrison (b. 1950)
“Nonwhite and working-class women, if they are ever to identify with the organized women’s movement, must see their own diverse experiences reflected in the practice and policy statements of these predominantly white middle-class groups.”
—Kimberly Crenshaw (b. 1959)