Enforcement discretion
Encyclopedia
Selective enforcement is the ability that executors of the law (such as police officer
s or administrative agencies, in some cases) have to select those against whom they want to enforce the law. The use of enforcement discretion in an arbitrary way is referred to as selective enforcement or selective prosecution.
, 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.
Police officer
A police officer is a warranted employee of a police force...
s or administrative agencies, in some cases) have to select those against whom they want to enforce the law. The use of enforcement discretion in an arbitrary way is referred to as selective enforcement or selective prosecution.
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 LawRule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
, 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
Extortion
Extortion is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime...
, with those empowered to choose being able to help their friends, take bribes
Bribery
Bribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...
, 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
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
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.