A claimant alleging selective enforcement of neutral criminal laws must demonstrate that the challenged law enforcement practice had a discriminatory effect and that it was motivated by a discriminatory purpose. In the case United States v. Armstrong, criminal defendants sought to attack their deferral firearms and drugs charges for crack cocaine as selective prosecution based on race. The Supreme Court rejected the contention because there was no showing that similarly criminal prosecutors treated situated defendants of another race
A claimant alleging selective enforcement of neutral criminal laws must demonstrate that the challenged law enforcement practice had a discriminatory effect and that it was motivated by a discriminatory purpose. In the case United States v. Armstrong, criminal defendants sought to attack their deferral firearms and drugs charges for crack cocaine as selective prosecution based on race. The Supreme Court rejected the contention because there was no showing that similarly criminal prosecutors treated situated defendants of another race