NCJ Number
17721
Journal
Michigan Law Review Volume: 72 Issue: 5 Dated: (APRIL 1974) Pages: 1113-1134
Date Published
1974
Length
22 pages
Annotation
IN THIS 1972 CASE, THE SEVENTH CIRCUIT MAJORITY HELD THAT THE SELECTIVE PROSECUTION OF THE DRAFT CARD LAW ONLY AGAINST THOSE REFUSING INDUCTION ESTABLISHED PRIMA FACIE CASE OF DISCRIMINATORY ENFORCEMENT OF THE DRAFT CARD LAW.
Abstract
THIS NOTE FIRST REVIEWS THE ORIGIN AND DEVELOPMENT OF THE DEFENSE OF DISCRIMINATORY PROSECUTION AND THEN ANALYZES THE SITUATION IN UNITED STATES V. FALK. EXAMINED ARE THE BASES FOR THE DISSENT'S OPINION THAT THE DEFENDANT HAD FAILED TO DEMONSTRATE PRIMA DISCRIMINATION. ARE EXPLORED IS THE APPLICABILITY OF THE 'STRIKING EXAMPLE' POLICY OF SELECTIVE ENFORCEMENT IN THIS AND OTHER CASES CITED. THE AUTHOR 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 AND IN THAT IT IMPLICITY ELIMINATES THE NECESSITY OF SHOWING 'PURPOSEFUL' DISCRIMINATION.