THE AVOWED MANDATE OF THE CRIMINAL JUSTICE SYSTEM IS TO PROVIDE EQUAL JUSTICE FOR ALL WITHOUT DISCRIMINATION. IN REALITY, A DISTINCTIVE LATENT PROCESS OF DISCRIMINATORY JUSTICE ACTUALLY OPERATES. POLICE, JUDICIAL, AND CORRECTIONAL DISCRETION HAVE BECOME THE NORM, ALONG WITH SUCH A SELECTIVE ATTRITION OF CRIMINAL CASES AND QUESTIONABLE PRACTICE AS BARGAIN JUSTICE. THE PRESIDENTIAL TASK FORCE REPORT OF 1967 PROVIDES A GRAPHIC REPRESENTATION OF SELECTIVE JUSTICE. OF 2,780,000 'INDEX OFFENSES' REPORTED, ONLY 727,000 WERE CLEARED THROUGH ARREST, GIVING POLICE AN OVERALL 26 PERCENT PERFORMANCE RATING. OF THOSE CLEARED THROUGH ARREST, ONLY 24 PERCENT WERE FORMALLY CHARGED. OF THE 160,000 FOUND GUILTY, ONLY 63,000 WERE INCARCERATED. WHILE THE VAST MAJORITY OF THOSE ARRESTED ARE WHITE, BLACKS AND OTHER NON-WHITES ARE HEAVILY OVER-REPRESENTED IN PRISONS. CRIMINAL JUSTICE ALSO UTILIZES A DUAL SYSTEM OF JUSTICE--ONE FOR THE 'ACCEPTABLE IN-GROUP' AND ANOTHER FOR THE 'UNACCEPTABLE OUT-GROUP.' WATERGATE BEST ILLUSTRATED THIS PREFERENTIAL JUDICIAL TREATMENT FOR THE IN-GROUP IN ITS USE OF PLEA BARGAINING JURY MANIPULATION, JUDICIAL DELAY TACTICS, SPECIAL INCARCERATION FACILITIES, AND EVEN NONJUDICIAL DEVICES SUCH AS UNSUPERVISED PROBATION FOR AGNEW AND UNCONDITIONAL PARDON FOR NIXON. STATISTICS SHOW THAT CAPITAL PUNISHMENT HAS ALSO LONG BEEN ABUSED, WITH BLACKS AND OTHER NONWHITES BEING THE ONES MOST DISCRIMINATED AGAINST. AN ANALYSIS OF NATIONAL STATISTICS ON CAPITAL PUNISHMENT SINCE 1930 SHOWS THAT OF THOSE EXECUTED, OVER HALF WERE BLACKS, A GROUP WHO REPRESENT ONLY ONE-EIGHTH OF THE POPULATION. BLACKS ALSO ACCOUNTED FOR 89 PERCENT OF THOSE EXECUTED FOR RAPE. IF THIS PROCESS OF LATENT DISCRIMINATORY JUSTICE CONTINUES AND IF CARRIED TO ITS EXTREME, IT COULD PROVIDE THE POLITICAL AND CRIMINAL JUSTICE CONTROL AGENCIES WITH VIRTUALLY UNLIMITED POWER WHICH COULD BE USED TO ALTER OUR FORM OF SOCIETY. TABLES AND REFERENCES ARE INCLUDED. (MJW)