What is the test for the defense of discriminatory prosecution?
The following excerpt is from People v. Shing, 371 N.Y.S.2d 322, 83 Misc.2d 462 (N.Y. City Ct. 1975):
The defendants argue that they 'have reason to believe that they are being unduly harassed because of their heritage.' To invoke the defense of discriminatory prosecution one must prove that the selection of the defendants for prosecution was deliberately based on their race or religion (United States v. Steele, (9th Cir.) 461 F.2d 1148, 1151). 'The presumption is always that a prosecution for violation of a criminal law is undertaken in good faith and in nondiscriminatory fashion for the purpose of fulfilling a duty to bring violators to justice' (United States v. Falk, (7th Cir.) 479 F.2d 616, 620). It is not enough to allege intentional and purposeful discrimination, but the defense must 'present Facts sufficient to raise a reasonable doubt about the prosecutor's purpose' (emphasis added) (United States v.
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