Burch v. Louisiana

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

• 1 Background

• 2 Question before the court

• 3 Decision of the Court

• 4 References

• 5 External links

Background

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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

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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

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Justice Rehnquist cited _Ballew v. Georgia _, 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.

References

(https://en.wikipedia.org/w/index.php?title=Burch_v._Louisiana&action=edit&section=4 "Edit section: References")

 _Burch v. Louisiana_, 
 [U.S.](https://en.wikipedia.org/wiki/United_States_Reports "United States Reports")
 
 (1979).  _This article incorporates [public domain material from this U.S government document](https://en.wikipedia.org/wiki/Copyright_status_of_works_by_the_federal_government_of_the_United_States "Copyright status of works by the federal government of the United States")
._

1. ↑ Varat, J. D.; et al. (2009). Constitutional Law Cases and Materials (Concise Thirteenth ed.). New York: Foundation Press. p. 356. ISBN   .

2. ↑ _Ballew v. Georgia _, U.S.

   (1978).

External links

(https://en.wikipedia.org/w/index.php?title=Burch_v._Louisiana&action=edit&section=5 "Edit section: External links")

• Text of Burch v. Louisiana, U.S. 130 (1979) is available from: CourtListener Findlaw Google Scholar Internet Archive (docket files) Justia Library of Congress Oyez (oral argument audio)

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