Facts of the Case

The Louisiana State Constitution and Code of Criminal Procedure allowed less-than-unanimous juries to convict defendants in criminal cases in which hard labor is considered as punishment. Nine of twelve jury members were needed to return a guilty verdict. Johnson was convicted of armed robbery by a jury split nine to three.

Question

Do less-than-unanimous jury verdicts in certain cases violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment?

Conclusion

The Court held that less-than-unanimous convictions did not violate the reasonable doubt standard embodied in the Fourteenth Amendment's Due Process Clause. Justice White argued that a minority opposing conviction does not prevent the other jurors from reaching their decisions beyond a reasonable doubt. Furthermore, the presence of dissenting jurors does not indicate that the state failed to uphold this standard. Finally, allowing less-than-unanimous decisions in certain cases serves a rational state purpose, not offensive to the Constitution.