Duncan v. Louisiana

Facts of the case

Gary Duncan, a black teenager in Louisiana, was found guilty of assaulting a white youth by allegedly slapping him on the elbow. Duncan was sentenced to 60 days in prison and fined $150. Duncan's request for a jury trial was denied.

Question

Was the State of Louisiana obligated to provide a trial by jury in criminal cases such as Duncan's?

Yes. In a 7-to-2 decision, the Court held that the Sixth Amendment guarantee of trial by jury in criminal cases was "fundamental to the American scheme of justice," and that the states were obligated under the Fourteenth Amendment to provide such trials. Petty crimes, defined as those punishable by no more than six months in prison and a $500 fine, were not subject to the jury trial provision.

Supreme Court of the United States

391 U.S. 145, 88 S. Ct. 1444, 20 L. Ed. 2d 491, 1968 U.S. LEXIS 1631, SCDB 1967-122

No. 410

1968-05-20

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