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Duncan v. Louisiana: Difference between revisions
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Latest revision as of 03:39, July 14, 2023
Duncan v. Louisiana | |
Court | U.S. Supreme Court |
---|---|
Citation | 391 U.S. 145 (1968) |
Date decided | 1968 |
Facts
The defendant was tried for simple battery, and was not afforded a jury trial under Louisiana law.
Issues
Whether the right to trial by jury is incorporated into the 14th amendment.
Holding
Judgment for the defendant.
Rule
Usually a right is included in the 14th amendment when it is “among those fundamental principles of liberty and justice which lie at the base of all our civil and political institutions.”
Trial by jury in criminal cases is fundamental to the American scheme of justice, and the 14th amendment guarantees a right of jury trial in all criminal cases which would come under the Sixth amendment’s guarantee if they were tried in a federal court.