NCJ Number
              44856
          Journal
  Journal of Criminal Law and Criminology Volume: 68 Issue: 4 Dated: (DECEMBER 1977) Pages: 533-542
Date Published
  1977
Length
              10 pages
          Annotation
              U.S. SUPREME COURT RULINGS REGARDING CHARGES OF DISCRIMINATION RESULTING FROM UNFAIR ETHNIC IMBALANCE OF GRAND JURIES ARE EVALUATED.
          Abstract
              IN A 1972 TEXAS CASE, A MEXICAN-AMERICAN CONVICTED OF ATTEMPTED RAPE CHARGED DISCRIMINATION IN THE GRAND JURY PROCESS. HE SHOWED THAT WHILE 79 PERCENT OF THE POPULATION OF THE COUNTY WAS SPANISH-SURNAMED, THE AVERAGE PERCENTAGE OF MEXICAN-AMERICANS SERVING ON GRAND JURIES DURING AN 11-YEAR PERIOD IN THAT COUNTY WAS 39 PERCENT. HIS APPEAL WAS DENIED BY STATE COURTS, AS HE FAILED TO PROVE: THAT THE WOMEN ON THE JURIES WERE NOT MEXICAN-AMERICANS MARRIED TO ANGLO AMERICAN; AND HOW MANY MEXICAN-AMERICANS WERE SUMMONED FOR DUTY BUT WERE EXCUSED ON LEGAL GROUNDS. IN ADDITION, THERE WAS NO EVIDENCE SHOWING HOW MANY OF THE COUNTY'S TOTAL SPANISH-SURNAMED POPOULATION WERE ALIENS, ILLITERATE, OR OTHERWISE INELIGIBLE FOR JURY DUTY. A FURTHER CONSIDERATION WAS THAT MOST OF THE COUNTY'S JUDICIAL OFFICIALS WERE THEMSELVES MEXICAN-AMERICANS.  THE U.S. SUPREME COURT REVERSED THE STATE'S DECISION, HOWEVER, IT RULED THAT, EVEN CONSIDERING THE POSSIBILITY OF MANY INELIGIBLE RESIDENTS, THE PERCENTAGE OF MEXICAN-AMERICAN GRAND JURORS OVER AN EXTENDED PERIOD WAS STILL TOO LOW TO BE COINCIDENCE; THAT THE SYSTEM OF JURY SELECTION USED IN TEXAS WAS SUBJECTIVE, AND THUS SUSCEPTIBLE TO ABUSE; AND THAT THE UNDERREPRESENTED GROUP WAS AN IDENTIFIABLE MINORITY THESE SAME TESTS HAVE BEEN USED HISTORICALLY BY THE COURT IN OTHER CASES TO DETERMINE DISCRIMINATION. (VDA)
          