Selective enforcement

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In law, selective enforcement occurs when government officials such as police officers, prosecutors, or regulators exercise enforcement 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.[citation needed] For example, a verbal warning to a teenager may effectively alter his 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.

United States law

Yick Wo v. Hopkins (1886)[1] 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 Clause in the Fourteenth Amendment to the U.S. Constitution.

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 forgoing prosecutions, selecting or recommending specific charges, and terminating prosecutions by accepting guilty pleas has been recognized on numerous occasions by the courts.[2][3][4]

Immigration law

More recently this has become a topic of great discussion in the undocumented immigration debate in the United States, fueled by the "Morton Memo". The memo was intended to channel limited resources into prioritized pursuit of cases involving criminals and felons. The memo has been interpreted as the waiver of active prosecution of non-criminal illegal aliens and the exclusive focus on criminal illegal aliens.


  1. Text of Yick Wo v. Hopkins, 118 U.S. 356 (1886) is available from:  Findlaw  Justia 
  2. Oyler v. Boles, 368 U.S. 448 (1962)
  3. Newman v. United States, 382 F.2d 479 (D.C. Cir. 1967).
  4. Powell v. Ratzenbach, 359 F.2d 234 (D.C. Cir. 1965).