What is the burden of proving that the prosecution was undertaken in good faith and in a nondiscriminatory fashion?

MultiRegion, United States of America

The following excerpt is from U.S. v. Christopher, 700 F.2d 1253 (9th Cir. 1983):

Appellants' burden requires them to overcome the presumption that the prosecution was undertaken in good faith and in a nondiscriminatory fashion. United States v. Falk, 479 F.2d 616, 620 (7th Cir.1963) (en banc ). The government advanced several reasons for the prosecution. While admitting that others were trespassing, the government distinguishes those individuals who were simply passing through the grounds and not camping there. Further, the government argued below that the group may have been responsible for human waste found on the grounds. Concern was expressed over noise and security on the grounds.

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