Duncan v. Louisiana

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Duncan v. Louisiana
Court U.S. Supreme Court
Citation 391 U.S. 145 (1968)
Date decided 1968


The defendant was tried for simple battery, and was not afforded a jury trial under Louisiana law.


Whether the right to trial by jury is incorporated into the 14th amendment.


Judgment for the defendant.


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.