Basic Questions Concerning Burden of Proof

The two basic questions concerning burden of proof are (1) who bears this burden and (2) how heavy is the burden. In our system of criminal justice, the rules governing burden of proof are fairly straightforward. The state has the burden of establishing the guilt of the accused. The defendant has no

1. Describe the main differences among the following admissions programs. Which of these differences are relevant to the constitutionality of these pro- grams, in your opinion?

a. The admissions program at Michigan Law School

b. The admissions program at Michigan’s College of Literature, Science, and the Arts

c. The percentage plan used in California, Florida, and Texas

d. A lottery among all qualified candidates

2. In your opinion, would the admissions program at Michigan’s College of Literature, Science, and the Arts be unconstitutional if, instead of twenty points, it awarded only five points to members of underrepresented minor- ity groups? What if it awarded fifty points? Does the number of points matter at all? Why or why not?

3. Much of the debate between Justices Rehnquist and Souter in Gratz concerns whether applicants receive “individualized consideration.” What exactly does this mean? Why is it important in this context?

4. What are the implications of Grutter and Gratz for admissions policies in private colleges and universities? For preferential treatment in hiring? In government contracts?

5. Find out what kinds of preferential treatment programs exist in your own school or town, and then argue either that these programs are constitutional or that they are not.