What legal options exist when criminal citations result from selective enforcement in Georgia?
Where a criminal citation appears to result from selective enforcement, the concern is that a law was applied to one person while others in similar situations were not charged, raising questions rooted in principles of equal treatment. Addressing such a situation centers on whether enforcement was based on an impermissible ground.
The basis for the enforcement is central. A selective enforcement concern generally turns on whether a person was singled out on an impermissible ground, such as a protected characteristic, rather than on neutral factors. Whether enforcement rested on such a ground, as opposed to legitimate considerations, is examined.
Comparison to similar situations can matter. Such a concern often involves whether others in comparable circumstances were treated differently, so how similarly situated people were handled can bear on the analysis. The analysis turns on whether there was genuinely disparate treatment.
The distinction from ordinary discretion is significant. Enforcement decisions generally involve a degree of discretion, so distinguishing legitimate discretion from impermissible selectivity is part of the analysis. Where the line falls in a particular situation is examined closely.
Addressing a selective enforcement concern generally focuses on the basis for the enforcement, the treatment of similarly situated people, and the distinction from ordinary discretion. Whether enforcement rested on an impermissible ground, whether comparable cases were treated differently, and the limits of legitimate discretion are what shape such a matter. Since routine enforcement decisions involve wide latitude, a concern of this kind generally requires more than the fact that someone else went uncharged.