Search results
Results from the WOW.Com Content Network
In law, selective enforcement occurs when government officials (such as police officers, prosecutors, or regulators) exercise 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 ...
Moreover, there is a large body of case law that these civil statutes and regulations (collateral consequences) are not penal (criminal punishment) and thus not subject to the Constitution's Article 1 or Double Jeopardy 5th Amendment prohibitions. The entire constitution, on the subject-matter of criminal convictions, should be read in pari ...
Swierkiewicz v. Sorema N. A., 534 U.S. 506 (2002), was a case decided by the Supreme Court of the United States on February 26, 2002. The Court held that for complaints in employment discrimination cases, a plaintiff is not required to allege specific facts that establish a prima facie case as required by the McDonnell Douglas burden-shifting framework.
In jurisprudence, selective prosecution is a procedural defense in which defendants argue that they should not be held criminally liable for breaking the law because the criminal justice system discriminated against them by choosing to prosecute. In claims of selective prosecution, defendants essentially argue that it is irrelevant whether they ...
In the case of Terry v. Ohio, the Supreme Court established a practical standpoint on “mere questioning”, effectively giving law enforcement officials the ability to speak with citizens, and even search them, in certain situations without necessarily being held accountable to the restrictions of the Fourth Amendment. [6]
Thornburg v. Gingles, 478 U.S. 30 (1986), was a United States Supreme Court case in which a unanimous Court found that "the legacy of official discrimination ... acted in concert with the multimember districting scheme to impair the ability of "cohesive groups of black voters to participate equally in the political process and to elect candidates of their choice."
Ricci v. DeStefano, 557 U.S. 557 (2009), is a United States labor law case of the United States Supreme Court on unlawful discrimination through disparate impact under the Civil Rights Act of 1964.
The Supreme Court case Korematsu v. U.S. in 1944 is widely known to have brought the first concerns revolving strict scrutiny and racial discrimination. However, it wasn't until Chicago v. Mosley in 1972 to have first coined the term "narrowly tailoring" when the restriction of rights outlined in the U.S. Constitution serves a compelling state ...