This Note will first review the origin and development of the defense of discriminatory prosecution and will then analyze the situation in United States v. Falk. The Note concludes that Falk is significant in that it continues the device of shifting the burden to the prosecution once a prima facie case of discriminatory enforcement has been established. More importantly, by implicitly eliminating the necessity of showing purposeful discrimination, Falk represents an important and praiseworthy development.
Michigan Law Review,
United States v. Falk: Developments in the Defense of Discriminatory Prosecution,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol72/iss5/5