“Neither the federal nor state Constitution countenances the singling out of an invidiously selected class for special prosecutorial treatment, whether that class consists of black or white, Jew or Catholic, Irishman or Japanese, United Farm Worker, or Teamster. If an individual can show that he would not have been prosecuted except for such invidious discrimination against him, a basic constitutional principal has been violated, and such a prosecution must collapse upon the sands of prejudice.”
How later courts described this case
- “Neither the federal nor state Constitution countenances the singling out of an invidiously selected class for special prosecutorial treatment, whether that class consists of black or white, Jew or Catholic, Irishman or Japanese, United Farm Worker, or Teamster. If an individual can show that he would not have been prosecuted except for such invidious discrimination against him, a basic constitutional principal has been violated, and such a prosecution must collapse upon the sands of prejudice.”
- overruling People v. Van Randall, 140 Cal.App.2d 771, 296 P.2d 68 (1956)
- membership in United Farm Workers
- where discriminatory enforcement was raised as a defense on equal protection grounds.
Written by the judges who cited it.
Later courts went against this
Superseded by statute, as recognized in People v. SUPERIOR COURT (BAEZ)
(See People v. McGee (1977) 19 Cal.3d 948, 967-968, 140 Cal.Rptr. 657, 568 P.2d 382, superseded by statute on other grounds as stated in People v. Preston (1996) 43 Cal.App.4th 450, 50 Cal.Rptr.2d 778 [whether state had sought the requisite restitution prior to instituting criminal welfare fraud prosecution properly resolved by the court prior to trial]; Murgia v. Municipal Court (1975) 15 Cal.3d 286, 293, fn. 4, 124…
The opinion
RICHARDSON, J.
I concur in the judgment. While expressing serious reservations about the reach of the defense of discriminatory prosecution, I agree with the majority that the defense should be available to those very limited numbers of persons described in the opinion, namely, defendants who can establish that they would not otherwise have been prosecuted but for such discriminatoiy conduct. (Ante, at p. 298.) A serious offender, and the vast majority of offenders generally, would find it “extremely difficult” to make such a showing. (Ante, at pp. 303-304.)
McComb, J., and Clark, J., concurred.
The petition of the real party in interest for a rehearing was denied October 23, 1975.