Summary of Duncan v. Louisiana

Facts: The appellant had been driving down Highway 23 in Plaquemines parish on 10/18/66, when he saw two of his younger cousins on the side of the road talking to four white boys. He knew that the two boys had had problems of racial incidents at there new school. So Duncan pulled over and got out of his car to talk to the boys. The appellant encouraged his cousins to “break off the encounter and enter his car”. When the appellant was about to enter his car (for the purpose of driving away) the appellant supposedly slapped Herman Landry on the elbow, according to the four white boys testimony. The appellant was found guilty of simple battery. Louisiana law says that a simple battery is a misdemeanor and it is punishable by a maximum sentence of two years imprisonment and a $300 fine. The appellant sought a jury trial but was denied and sentence to serve 60 days in jail and pay 4150 fine.

Issue: Was the appellant’s 6th Amendment right “in all criminal prosecutions the accused shall enjoy the right to an impartial jury of the state” which is secured by the 14th Amendment, violated?

Holding: Reversed and Remanded in favor of Duncan

Rationale: In the Federal system, petty offenses are defined as those punishable by no more then then six months in prison and a $500 fine. In 49 of 50 States crime subject to trial with out a jury, which occasionally include simple battery, are punishable by no more then one year in jail. It is sufficient for our purposes to hold that a crime punishable by 2 years is, based on past and contemporary standards in this country, a serious crime and not a petty offense. The appellant was entitled to a jury trial and it was error to deny it.