Module 7

.docx
School
University of South Florida **We aren't endorsed by this school
Course
POS 3931
Subject
Law
Date
Sep 6, 2023
Pages
1
Uploaded by MagistrateMetalChimpanzee28 on coursehero.com
The case of Duncan v. Louisiana is about whether or not the State of Louisiana was required to provide a jury trial in Duncan's case. Gary Duncan was a black child in Louisiana who was arrested and tried for assaulting a white child. Duncan apparently hit the child on the elbow. Duncan was fined and sentenced to prison. Duncan requested a jury trial, but it was denied by the State of Louisiana. The Supreme Court found that the State of Louisiana did not have the power to deny Duncan a jury based on the Sixth Amendment and the doctrine of selective incorporation. The Sixth Amendment states that criminal defendants have the right to a speedy and public trial, the right to a lawyer, the right to an impartial jury, and the right to know who the accusers are and the charges/evidence against the defendant. When the State of Louisiana denied Duncan the right to a jury trial, they violated his Sixth Amendment rights. The doctrine of selective incorporation states that states are not able to make laws that deny citizens of their fundamental rights, such as the right to a jury.
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Uploaded by MagistrateMetalChimpanzee28 on coursehero.com