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Burch v. Louisiana

Citation. Burch v. Louisiana, 441 U.S. 130, 99 S. Ct. 1623, 60 L. Ed. 2d 96, 1979)

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CitationBurch v. Louisiana, 441 U.S. 130, 99 S. Ct. 1623, 60 L. Ed. 2d 96, 1979 U.S. LEXIS 87 (U.S. Apr. 17, 1979)

Burch v. Louisiana, 441 U.S. 130, 99 S. Ct. 1623, 60 L. Ed. 2d 96, 1979 U.S. LEXIS 87 (U.S. Apr. 17, 1979)

Brief Fact Summary. Petitioners were convicted on obscenity charges by a six-person jury that was not unanimous.

Synopsis of Rule of Law. “[T]hat conviction by a nonunanimous six-member jury in a state criminal trial for a nonpetty offense deprives an accused of his constitutional right to trial by jury.”

Points of Law - Legal Principles in this Case for Law Students.

The number should probably be large enough to promote group deliberation, free from outside attempts at intimidation, and to provide a fair possibility for obtaining a representative cross-section of the community.

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Facts. Petitioners Burch and a Louisiana corporation were jointly charged for the exhibition of two obscene motion pictures. Under Louisiana statute, the petitioners were convicted by a six-person jury that was not unanimous. Five persons voted for conviction.

Issue. “[W]hether conviction by a nonunanimous six-person jury in a state criminal trial for a nonpetty offense as contemplated by.

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