Duncan v. Louisiana

Supreme Court of the United States · 1968 · Criminal Procedure

391 U.S. 145 (1968)

Updated July 27, 2026

Criminal ProcedureJury TrialIncorporationFourteenth AmendmentSixth Amendmentdue processserious offensepetty offense

Facts

Duncan was charged in Louisiana with simple battery, a misdemeanor punishable by up to two years' imprisonment and a $300 fine. Louisiana law allowed jury trials only in cases where capital punishment or imprisonment at hard labor could be imposed, so the trial judge denied Duncan's request for a jury. He was tried by the judge alone, convicted, and sentenced to 60 days in parish prison and a $150 fine. Duncan claimed that denying him a jury trial violated the United States Constitution.

Issue

Does the Fourteenth Amendment require States to provide a jury trial in criminal cases that would fall within the Sixth Amendment's jury-trial guarantee if prosecuted in federal court? More specifically, may Louisiana deny a jury trial to a defendant charged with a crime punishable by up to two years' imprisonment?

Rule

Trial by jury in criminal cases is fundamental to the American scheme of justice, so the Fourteenth Amendment guarantees a right to jury trial in all state criminal cases that, if tried in federal court, would come within the Sixth Amendment's guarantee. Although petty offenses need not be tried by jury, the authorized penalty is a major measure of seriousness, and a crime punishable by two years in prison is a serious offense rather than a petty one.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Ohio, Lena Ortiz is charged in state court with a misdemeanor punishable by up to 18 months in jail. Ohio law provides jury trials only for felony prosecutions, so the judge denies Lena's timely jury demand and sets the case for a bench trial.

If Lena challenges the denial under the Federal Constitution, which is the strongest argument?

Explanation. The majority held that trial by jury in serious criminal cases is fundamental to the American scheme of justice and is therefore protected against the States through the Fourteenth Amendment. A State may not deny a jury trial merely because the charge is labeled a misdemeanor if the offense is serious. The right does not depend on proof of actual bias in the particular judge.