selective enforcement

The practice of law-enforcement officers who use wide or even unfettered discretion about when and where to carry out certain laws; esp., the practice of singling a person out for prosecution or punishment under a statute or regulation because the person is a member of a protected group or because the person has exercised or is planning to exercise a constitutionally protected right.

— Also termed selective prosecution. Cf. vindictive prosecution under PROSECUTION. [Cases: Constitutional Law 223, 250.1(3); Criminal Law 37.10. C.J.S. Constitutional Law §§ 723, 743–744; Criminal Law § 64.]

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