Duncan v. Louisiana (1968)
Duncan v. Louisiana (1968): The Right to a Jury Trial in Serious Offenses
The Constitution guarantees a jury trial where jail time is on the line.
Background
Gary Duncan, a young Black man in Louisiana, was charged with simple battery — a misdemeanor punishable by jail time. He requested a jury trial, but state law denied juries for such offenses. Duncan was convicted by a judge alone. He challenged whether the Sixth Amendment right to jury trial applies to the states.
Questions Presented
- Is the right to a jury trial a fundamental right incorporated against the states?
- Must states provide juries in criminal cases involving potential imprisonment?
Majority Opinion — Justice Byron White
Holding: The right to jury trial is fundamental and applies to state prosecutions for serious crimes.
White emphasized the jury’s constitutional role in preventing government abuse. Historically, juries safeguard the public from arbitrary judges. Because incarceration is a severe loss of liberty, the Court ruled that jury trials are required where serious punishment is possible. The decision incorporated the Sixth Amendment against the states.
Texas law guarantees jury trials in nearly all criminal cases — including misdemeanors like DWI, assault family violence, theft, and firearm charges. A defendant may waive a jury, but only knowingly and voluntarily. Montgomery County prosecutors routinely rely on the jury trial threat to force pleas — but that right belongs to the defendant, not the State.
Duncan empowers Texans to demand their peers decide their fate — a fundamental check on government power.