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Criminal Procedure Keyed to Ohlin
Wayte v United States
Citation:
470 U.S. 598 (1985)Facts
On July 2, 1980, the President issued Presidential Proclamation No. 4771. This Proclamation directed male citizens and certain male residents born during 1960 to register with the Selective Service System during the week of July 21, 1980. Petitioner fell within that class but did not register. Instead, he wrote several letters to Government officials, stating that he had not registered and did not intend to do so. Selective Service adopted a policy of passive enforcement under which it would investigate and prosecute only the cases of non-registration contained in its file. In furtherance of this policy, Selective Service sent a letter but petitioner did not respond. Selective Service then transmitted to the Department of Justice for investigation and potential prosecution, the petitioner and others, all of whom had not registered in response to the Service’s letter. Petitioner moved to dismiss his indictment on the ground of selective prosecution.
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