The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, January 17, 1968
Decision: Monday, May 20, 1968
Issues: Criminal Procedure, Jury Trial
Categories: criminal, jury

Advocates

Richard B. Sobol (Argued the cause for the appellant)
Dorothy D. Wolbrette (Argued the cause for the appellee)

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.

Supreme Court Justice Opinions and Votes (by Ideology)

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Decision: 7 votes for Duncan, 2 vote(s) against
Legal Provision: Right to Trial By Jury
Voted with the majority, joined Black's concurrence
Douglas
Voted with the majority
Warren
Wrote a regular concurrence
Fortas
Voted with the majority
Brennan
Voted with the majority
Marshall
Wrote a regular concurrence
Black
Wrote the majority opinion
White
Voted with the minority, joined Harlan's dissent
Stewart
Wrote a dissent
Harlan
Full Opinion by Justice Byron R. White

Cite this page

The Oyez Project, Duncan v. Louisiana, 391 U.S. 145 (1968),
available at: <http://www.oyez.org/cases/1960-1969/1967/1967_410/>
(last visited ).