Rodrigo Partida is an American who is of Mexican ancestry. He was convicted of burglary with intent to commit rape. His conviction took place in Hidalgo County, which is in Texas on the border with Mexico. Hidalgo County had 181,535 people eligible for jury duty, and 79.1% of them were Americans of Mexican ancestry. Among 870 people selected for grand jury duty, 39% (339) were Americans of Mexican ancestry. Partida’s conviction was later appealed (Castaneda v. Partida) on the basis of the large discrepancy between the 79.1% of the Americans of Mexican ancestry eligible for grand jury duty and the fact that only 39% of such Americans were actually selected. Given that Americans of Mexican ancestry constitute 79.1% of the population of those eligible for jury duty, and given that Partida was convicted by a jury of 12 people with only 58% of them (7 jurors) that were Americans of Mexican ancestry, can we conclude that his jury was selected in a process that discriminates against Americans of Mexican ancestry? Given that Americans of Mexican ancestry constitute 79.1% of the population of 181,535 and, over a period of 11 years, only 339 of the 870 people selected for grand jury duty were Americans of Mexican ancestry, can we conclude that the process of selecting grand jurors discriminated against Americans of Mexican ancestry?
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