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
[edit]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
[edit]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
[edit]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
[edit]- ^ 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
[edit]- 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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