Arizona’s immigration law shifts burden of proof
Arizona Governor Jan Brewer signed into law one of the toughest immigration laws in the United States. The law requires police to question anyone they believe to be an illegal immigrant. Critics say they believe that this law will lead to wide spread racial profiling. The law also seems to shift the burden of proof onto the defense instead of the prosecution in a country where practically everyone knows the term, “innocent until proven guilty.”
We take a look at whether there are any other laws in this country that shift the burden of proof onto the individual. Paul Butler, a law professor at George Washington University, compares it to a time when freed blacks had to prove they were not slaves, even having to wear patches with the letter “F.” Also joining us is Ted Ruthizer, a partner and co-head of the business immigration group at Kramer Levin Naftalis & Frankel. He tells us what strategy he would employ as a defense attorney handling a case under this new law.
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