Burch v. Louisiana
| Burch v. Louisiana | |
|---|---|
 | |
| Argued February 22, 1979 Decided April 17, 1979 | |
| Full case name | Burch v. Louisiana |
| Citations | 441 U.S. 130 (more) 99 S. Ct. 1623; 60 L. Ed. 2d 96; 1979 U.S. LEXIS 87 |
| Case history | |
| Prior | State v. Wrestle, Inc., 360 So. 2d 831 (La. 1978); cert. granted, 439 U.S. 925 (1978). |
| Holding | |
| A conviction by a nonunanimous six-person jury in a state criminal trial for a nonpetty offense violates the right of an accused to trial by jury guaranteed by the Sixth and Fourteenth Amendments. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Rehnquist, joined by Burger, White, Blackmun, Powell, Stevens |
| Concurrence | Stevens |
| Concur/dissent | Brennan, joined by Stewart, Marshall |
| Laws applied | |
| U.S. Const. amends. VI XIV | |
Burch v. Louisiana, 441 U.S. 130 (1979), was a case decided by the United States Supreme Court that invalidated a Louisiana statute allowing a conviction upon a nonunanimous verdict from a jury of six for a petty offense.[1] The statute allowed for conviction if only five jurors agreed, and this was held to be a violation of the Sixth Amendment.[2]
Background
Burch was found guilty of showing obscene films by a nonunanimous six-member jury in the state of Louisiana. The court imposed a suspended prison sentence of two consecutive seven- month terms and fined him $1,000.
Question Before the Court
Does a conviction by a nonunanimous six-member jury in a state criminal trial for a nonpetty offense violate Burch's Sixth Amendment right to trial by jury as applied to the states through the due process clause of the Fourteenth Amendment?
Decision of the Court
Justice Rehnquist cited Ballew v. Georgia,[3] noting that only two other states in the country allowed for a non-unanimous decision from a non-six person jury in a non-petty offense. This "near uniform judgment of the Nation" gave the Court a "useful guide" in determining constitutionally allowable in jury practices.[1]
References
- ^ a b Burch v. Louisiana, 441 U.S. 130 (1979).
This article incorporates public domain material from this U.S government document.
- ^ Varat, J. D.; et al. (2009). Constitutional Law Cases and Materials (Concise Thirteenth ed.). New York: Foundation Press. p. 356. ISBN 9781599414515.
- ^ Ballew v. Georgia, 435 U.S. 223 (1978).
External links
- Text of Burch v. Louisiana, 441 U.S. 130 (1979) is available from: CourtListener Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)
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