Full case name Burch v. Louisiana | End date 1979 | |
Citations 441 U.S. 130 (more)
99 S. Ct. 1623, 60 L. Ed. 2d 96 Prior history Certiorari to the Supreme Court of Louisiana Majority Rehnquist, joined by Burger, White, Blackmun, Powell, Stevens Concurrence Brennan, joined by Stewart, Marshall Similar Alabama v Shelton, Williams v Florida, Heath v Alabama | ||
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. The statute allowed for conviction if only five jurors agreed, and this was held to be a violation of the Sixth Amendment.
Contents
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 435 U.S. 223 (1978) 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