In Massachusetts, prosecutors must act in good faith. They cannot pick and choose who they will prosecute based on characteristics such as race, religion, or gender.
If the defendant can raise “a reasonable inference” of impermissible discrimination, prosecutors must show that no such discrimination exists. Failure to do so can result in the court dismissing the case.
According to the Appeals Court,
There is also a well-settled presumption “that criminal prosecutions are undertaken in good faith, without intent to discriminate…As such, the defendant bears the initial burden of presenting evidence “which raises at least a reasonable inference of impermissible discrimination….To be successful, the defendant must show
(1) “that a broader class of persons than those prosecuted has violated the law”;
(2) “that failure to prosecute was either consistent or deliberate”; and
(3) “that the decision not to prosecute was based on an impermissible classification such as race, religion, or sex.”
“[O]nce a defendant has raised a reasonable inference of selective prosecution, the Commonwealth must rebut that inference or suffer dismissal of the underlying complaint.”
Commonwealth v. Lafaso, 49 Mass. App. Ct. 179, 182 (2000).