1. Law on the books and law in action can differ in several ways. Explain the four different forms this gap can take, using examples from class.

1. Overenforcement

A law is written broadly or neutrally, but state agents enforce it far beyond its original intent or disproportionately against specific groups.

1. Overenforcement example

Loitering, vagrancy, or "stop-and-frisk" policies. While written to maintain public safety, they are frequently enforced selectively against minority populations or unhoused individuals, turning minor or non-existent infractions into frequent police stops.

2. Underenforcement

This happens when a law exists formally on the books, but officials systematically choose not to enforce it, either due to a lack of resources, shifting social norms, or institutional priorities

2. Underenforcement example

Federal marijuana prohibition versus state legalization

Under federal law (the Controlled Substances Act), cannabis remains a Schedule I illegal substance—meaning it is strictly prohibited on the books nationwide.

the federal government has systematically chosen not to enforce this law in states that have legalized medical or recreational cannabis, creating a massive gap between federal legal prohibition and everyday practical reality.

3. Divergent Enforcement (Selective Enforcement)

The law is enforced, but the manner, severity, or outcomes vary dramatically based on the discretion of legal actors and who is involved

3. Divergent Enforcement (Selective Enforcement) example

The rule is applied unequally in practice.

Disparities in drug enforcement or traffic stops, where certain demographic groups face higher rates of searches and citations for discretionary infractions than others committing the exact same acts.

4. Procedural and Organizational Subversion

Formal rules of the legal process (like constitutional protections or rights) are bypassed or manipulated behind the scenes to achieve practical outcomes.

4. Procedural and Organizational Subversion example

Practical realities override the intended checks and balances of the law.