Duncan v. Louisiana

Media Items
Duncan v. Louisiana - Oral Argument
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Advocates
Richard B. Sobol (Argued the cause for the appellant)
Dorothy D. Wolbrette (Argued the cause for the appellee)
Case Basics
Docket No.: 
410
Appellee: 
Louisiana
Appellant: 
Duncan
Decided By: 
Warren Court (1967-1969)
Opinion: 
391 U.S. 145 (1968)
Categories: 
jury, criminal
Location No location information present.

Cite this page
The Oyez Project, Duncan v. Louisiana , 391 U.S. 145 (1968)
available at: (http://oyez.org/cases/1960-1969/1967/1967_410)
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?

Conclusion: 

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.

Decisions

Decision: 7 votes for Duncan, 2 vote(s) against
Legal provision: Right to Trial By Jury

Sort by Ideology

Voted with the majority
Warren
Wrote a regular concurrence
Black
Voted with the majority, joined Black's concurrence
Douglas
Wrote a dissent
Harlan
Voted with the majority
Brennan
Voted with the minority, joined Harlan's dissent
Stewart
Wrote the majority opinion
White
Wrote a regular concurrence
Fortas
Voted with the majority
Marshall

Full Opinion by Justice Byron R. White

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