If two people of different ethnic backgrounds were guilty of the same crime, but only one of them were accused and tried, this would be a violation of

Trying only one of two people who committed the same crime, based on their different ethnic backgrounds, would treat them unequally under the law. The Equal Protection Clause forbids that kind of discriminatory treatment. Due process is also implicated because the decision to accuse and try someone must follow fair legal procedures, not discrimination; the best choice is “due process and equal protection under the law.”

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