Assignment task: Some of the critics have proposed changes to the current hate crime statutes. The main focus is on easing the burden of proof of prosecutors that the motive of the crime was prejudice. The proponents suggest that instead of putting the burden of proof of the motive on the prosecutor, the burden of proof should be shifted to the defendant. In this case, the defendant would have to prove that the motive was not prejudice. For instance, in cases of interracial violence, it would be presumed that the offender was driven by a racist motivation. This approach would likely result in a greater number of convictions under hate crime statutes and enable victims to be successful in civil lawsuits 51 and work toward sustainability. What do you think?
1. If you were a defense lawyer, what problems would you point out in this approach of shifting the burden of proof to the defendant?
2. Discuss the issues raised by this approach with regard to the defendants' constitutional rights that guarantee equal protection under the law and the standard of "innocent until found guilty."