baldwin new york argued decided june justice harlan dissenting concurring result duncan louisiana held dissent joined justice stewart state criminal defendant entitled jury trial case brought federal require jury sixth amendment today concludes baldwin new york new york constitutionally provide misdemeanors carrying sentences one year shall tried new york city without jury time holds williams florida florida statute satisfies sixth amendment carried duncan holding necessary consequence decision juries constitutionally required federal criminal trials either historical argument undertakes justify view sixth amendment require juries opinion much thin mask true thrust decision decision evinces think recognition view due process clause fourteenth amendment underlay duncan carried forward baldwin must tempered allow elbow room ordering criminal systems much agree accomplish diluting constitutional protections within federal system something possibly subscribe tempering rigor duncan done forthrightly facing fact least area doctrine fit well federal structure token duncan wrongly decided sustain florida new york statutes constitutional premises discussed dissenting opinion duncan et seq taking course baldwin matter goes pulse sound constitutional adjudication consider constricted stare decisis accordingly dissent jury issue concur result given malloy hogan join part opinion relating florida procedure predicate conclusions useful map circuitous route taken order reach results cases patently williams baldwin history jury trial practice state federal systems indiscriminately jumbled together opposed point departure taken language federal guarantee expressed historical precedent brings life consequence inverted approach interpreting sixth amendment results baldwin sixth amendment rule reached correct approach given philosophy duncan unhappily imposes one jurisdiction country seen fit otherwise williams results sixth amendment rule reached standing constitutional dialectic head extent prevailing opinion premises conclusions baldwin case federal precedent practice agree federal right jury trial attaches offense punishable much six months imprisonment think follows breadth language sixth amendment provides jury criminal prosecutions evidence historical practice regard believe contemporary usage little significance exceptions created allembracing language sixth amendment anchored history distinction offenses rooted common law looked ascertain metes bounds federal right guaranteed sixth amendment see district columbia clawans schick callan wilson since conventional immutable practice common law appears provide juries offenses punishable fines sentences hard labor six months prison see frankfurter corcoran petty federal offenses constitutional guaranty trial jury think appropriate draw line six months federal although reasons follow encumber requirement williams strangely rather bind hitherto undeviating unquestioned federal practice juries holds based poll state practice jury satisfies guarantee trial jury federal criminal system consequently carries constitutional renvoi respect consider today unthinkable suggest sixth amendment right trial jury satisfied jury six less left open opinion williams less unanimous verdict question also reserved today decision stripping livery history jury trial relies analysis arduous effort first liberates framers easy assumption past decisions given feature existed jury common law necessarily preserved constitution unburdened yoke history concludes policy protected jury guarantee require perpetuation form neither argument view acceptable reason disregarding history numerous pronouncements made easy assumption sixth amendment jury one composed individuals even assuming ambiguity intent common sense merely blessing framers explains frequent reminders interpretation constitution necessarily influenced fact provisions framed language english common law read light history smith alabama proposition put forward justice gray speaking wong kim ark called upon define term used constitution constitution nowhere defines meaning words citizenship clause respects must interpreted light common law principles history familiarly known framers constitution history continues wellspring constitutional interpretation indeed history even invoked decisions townsend sain fay noia purported interpret constitutional provision habeas corpus according conception writ took note guarantee one rooted common law interpreted cf brown accordance precepts sound constitutional interpretation requires view fixing federal jury known common law course true history imprison broad guarantees constitution whose proper scope determined given instance blend historical understanding adaptation purpose contemporary circumstances cf katz estes texas concurring opinion olmstead brandeis dissenting lovett frankfurter concurring cardozo nature judicial process however circumstance giving term meaning necessarily envisioned adapt circumstances uncontemplated see opinion concurring result welsh right trial jury however enduring meaning apart historical form second aspect argument number historical though one recurred without interruption since century see way essential jury trial corrupt overzealous prosecutor compliant biased eccentric judge thus history suggests guide meaning rights whose form bears relation policy reflect context feature classical jury apparently regarded mere adornment second justification cutting umbilical cord ties form jury past see compelling reason maintaining guarantee form jurors essential six new york compelled virtue baldwin provide juries trial misdemeanors concludes three jurors adequate accused accuser judgment group laymen constitute adequate participation provide shared responsibility results group determination guilt innocence elaboration required provides standard vexes meaning right jury trial federal courts well state courts uncertainty doubted unanimous jury provides greater safeguard majority vote six uncertainty henceforth plague meaning trial jury sufficient reason hoisting anchor history circumvention history compounded cavalier disregard numerous pronouncements reflect understanding jury one members fixed expectations accordingly thus thompson utah unanimous answered affirmative question whether sixth amendment jury jury constituted common law twelve persons neither less appears duncan justice seen fit question holding one often reiterated see patton reaffirmed earlier pronouncements stated sixth amendment jury characterized three essential features jury consist twelve men neither less trial presence superintendence judge power instruct respect law advise respect facts verdict unanimous see also maxwell dow rassmussen andres unanimity justice frankfurter stated gore applying constitutional provision history long course adjudication carries impressive authority principle state decisis multifaceted solid foundation legal system yet care must taken use create unmovable structure provides stability predictability required ordering human affairs course time basis faith judiciary source impersonal reasoned judgments moragne marine lines see also helvering hallock boys markets retail clerks hertz woodman burnet coronado oil gas brandeis dissenting woodenly applied however builds stockade precedent confines law rules promulgated sound origin unadaptable present circumstances precedent sacrosanct one hesitate vote overturn previous reconsidered settled dicta principles announced prove either practically moragne marine lines supra boys markets retail clerks supra jurisprudentially desist dissenting opinion unworkable longer suited contemporary life katz concurring opinion see also welsh chimel california marchetti estes texas concurring opinion warden md penitentiary hayden swift wickham james separate opinion harlan indeed considerations move depart today framework duncan part disregard stare decisis circumstances apply necessity driven williams doctrine leads decline follow duncan surely principle stare decisis means anything law means precedent jettisoned rule yesterday remains viable creates injustice reasonably said less sound rule sponsored seek change let alone incapable demonstrated wrong decision williams however casts aside workability relevance substitutes uncertainty reason discern today decision discards numerous judicial pronouncements historical precedent sound constitutional interpretation look controlling disquietude tension jurisprudential consequences wrought duncan baldwin situation williams present prospect invalidating common practice providing less member jury trial misdemeanor cases ii decisions demonstrate difference process approach considers particular case bottom see whether right alleged one concept ordered liberty see palko connecticut incorporation abstract one whereby different verbal formulae achieve results internal logic selective incorporation doctrine respected committed interpreting faithfully meaning federal bill rights recognizing governmental diversity exists country williams exposes malaise dilutes federal guarantee order reconcile logic case application federal right reality federalism one doubt congress tried undermine law right trial jury duncan came books history today recited barred action expect repeat performances called upon give definition meaning federal guarantees ker california noted opinion concurring result rule unwise differing law enforcement problems put constitutional strait jacket prepared relax federal standards order avoid unduly fettering derogation law enforcement standards federal system last term chimel california supra expressed misgivings neutrialize potency guarantees federal courts order accommodate diversity federal system reiterate said dissent duncan either history sense supports using fourteenth amendment put constitutional straitjacket respect development administration criminal civil law since witness first major attempt wriggle free appropriate think step back view perspective far incorporation doctrine taken us put spotlight constitutional revolution inevitably become obscured process case adjudication recent history constitutional adjudication state criminal cases ascendancy doctrine ad hoc incorporation approach absorbs individual guarantees federal bill rights due process clause fourteenth amendment holds applicable subtleties refinements born history embodied case experience developed context federal adjudication thus exceptions time almost criminal protections found within first eight amendments constitution made applicable process began mapp ohio applied exclusionary rule rendering inadmissible trial evidence seized violation fourth amendment thereby overruling pro tanto wolf colorado see dissenting opinion particular course embarked upon mapp blindly followed end ker california made federal standards probable cause search seizure applicable thereby overruling remainder wolf see opinion concurring result thereafter followed malloy hogan griffin california overruling twining new jersey adamson california incorporating fifth amendment privilege holding standards must determine whether accused silence either federal state proceeding justified see dissenting opinion malloy concurring opinion griffin year griffin also brought forth pointer texas overruling snyder massachusetts stein new york holding sixth amendment confrontation clause applied equally federal government see opinion concurring result incorporation swept trial guarantee sixth amendment klopfer north carolina duncan louisiana supra rendered sixth amendment jury trial right secured fourteenth amendment due process clause last term overruled palko connecticut supra held jeopardy protection fifth amendment incorporated fourteenth hence also carried benton maryland see opinion concurring result klopfer dissenting opinion duncan dissenting opinion benton separate opinion north carolina pearce combination cases effect restructured constitution field state criminal law enforcement need travel terrain trod earlier opinions endeavored lay bare historical logical infirmities approach score content rest said dissent duncan continue consider principles therein expressed sound basis approaching adjudication state cases kind us firm conviction distorts federal nature national government atlantic coast line brotherhood locomotive engineers one whose basic virtues leave ample room governmental social experimentation society diverse also reflects view framers security liberty america rested primarily upon dispersion governmental power across federal system fourteenth amendment tempered basic philosophy unstitch basic federalist pattern woven constitutional fabric structure government still embodies philosophy presupposes diversity engendered federalist system doctrines alive rhetoric vital world practical affairs evidenced contemporary debate concerning desirability returning government administration many programs functions late years increasingly centralized hands national government best evidence vitality federalism today decision williams merits demerits jury system course debated diluted requirements evince conclusion protection known common law necessary fair trial marginal assurance fair trial inconvenience assembling individuals outweighs gains administration justice achieved using six individuals none case new york city prevailing opinion rejects baldwin consistent approach requiring affirmance simply new york city single jurisdiction nation sees fit try misdemeanants without jury effect holds process offended trial without jury offense punishable year prison trial jury six less offenses punishable life imprisonment ignores basic fairness new york procedure peculiar local considerations led new york legislature conclude trial jury apt retard justice criminal defendants new york city one find nothing unfair new york system provides city defendant option lieu jury bench trial three judges moreover think counterproductive fairness criminal trials hold way incorporation juries required days congested calendars attendant delays make many students criminal justice feel one significant contributions injustice hardship criminal defendants statistics cited new york appeals amplified briefs revealing trenchant evidence crisis presently bedevils administration criminal justice new york city new york population density factor noted president commission law enforcement administration justice challenge crime free society directly associated crime twice buffalo second largest city state statistics supplied office state administrator judicial conference state new york show july december new york city criminal disposed nontraffic misdemeanor cases whereas next largest city buffalo city disposed nontraffic misdemeanor cases thus new york city misdemeanor caseload times buffalo although population times greater today defendants new york entitled trial kind jury hardly gainsaid jury requirement attendant time selection jurors deliberation even invoked defendants increase delays calendars depriving defendants prompt trial impressive evidence suggests requirement conceivably increase delays new york city courts much factor eight study done administration municipal minneapolis shows requirement trial jury cases intoxicated driving increased delays three months note right jury trial persons accused ordinance violation notwithstanding critical situation concludes constitution requires procedure fraught delay even though american bar association project standards criminal justice trial jury recognized new york city procedure possible compromise measure jury trials permitted waived fact defendants tried misdemeanors new york city acquitted iii today decisions demonstrate constitutional schizophrenia born need cope national diversity constraints incorporation doctrine baldwin prevailing opinion overrides consideration local needs williams seeks minimum standard avoid causing disruption numerous instances even though priori incorporation surely require jury man rule today decisions simply reflects lowest common denominator scope function right trial jury country circumstance every jurisdiction except new york city trial jury offenses punishable six months prison obscures variety opinion actually exists proper place jury administration justice discriminating analysis indicates four besides florida authorize jury less try felony three authorize nonunanimous felony cases least two provide trial without jury first instance certain offenses punishable one year right de novo trial appeal eight provide juries ranging five try crimes punishable one year prison one state provided verdict nine jury five first provide bench trial misdemeanors defendant seek trial de novo jury procedure federal trial deemed incompatible sixth amendment putting accused burden two trials wishes jury verdict see callan wilson varying provisions reflecting differing estimates importance jury securing fair trial feasibility administering procedure given local circumstances extensive study debate merits demerits jury system demonstrate relevance proper role trial jury administration criminal justice yet far sure duncan closed door irrespective local circumstances backlogs urban courts like new york city without justification clouded uncertainty constitutionality differing state modes proceeding see appendix pending approval promises dilute ways settled meaning federal right trial jury flexibility experimentation administration justice returned areas swept rigid mold agree chief justice judgment nation otherwise judgment parts affords basis read constitution something found opinion chief justice baldwin time submit face reality implicit today holdings reconsider doctrine leveling tendencies retard development field criminal procedure stifling flexibility discarding possibility federal leadership example appendix opinion harlan nonunanimous verdict offenses louisiana code art verdict nine cases necessarily punished hard labor oregon constitution art five six sufficient verdict circuit except capital cases texas art permitting verdict less juror incapacitated trial cases punishable one year imprisonment de novo review maryland constitution declaration rights arts code art art art proc trial jury appears afforded motor vehicle cases first instance even though motor vehicle offenses carry penalty five years imprisonment north carolina constitution art state sherron district courts jurisdiction try without jury offenses grade felony offenses denominated petty misdemeanors maximum sentence may imposed fine two years imprisonment pennsylvania constitution sched art iii offenses tried municipal division common pleas carrying penalties two years imprisonment indictable offenses motor vehicle laws punishment exceed three years imprisonment jury misdemeanors alaska constitution art alaska stat jury six district magistrate courts jurisdiction misdemeanors punishable one year imprisonment georgia constitution art art vi ann laws pp county criminal courts jurisdiction maximum sentence imposable fine imprisonment term months defendant may demand jury trial depending upon county however jury ranges size five persons criminal atlanta example tries misdemeanors juries five hall county crimes tried juries iowa constitution art iowa code jury six municipal courts jurisdiction misdemeanors carrying maximum fine imprisonment one year kentucky constitution misdemeanors carrying maximum penalty months imprisonment tried inferior courts jury six circuit courts jury used concurrent jurisdiction mississippi constitution art art ann jurisdiction crimes punishable county jail may tried justice peace courts jury many crimes maximum term circuit courts concurrent jurisdiction crimes include offenses involving corruption elections ann escape aiding escape prisoners public officers interest contracts trade marks oklahoma constitution art tit tit misdemeanor sentence one year imprisonment may courts record defendant may demand jury nine members jury may render verdict violations city ordinances tried courts record defendant may demand six jurors five may render verdict oregon constitution art constitution art vii jury six county courts jurisdiction crimes except carrying death penalty life imprisonment jury six district courts jurisdiction misdemeanors punishable one year imprisonment virginia constitution art ann supp courts record jurisdiction misdemeanors punishable one year imprisonment charges tried without jury defendant may appeal right circuit receives trial de novo trials circuit offenses felonious whether first instance appeal five jurors trial misdemeanors subject de novo review arkansas constitution art see generally greenebaum arkansas judiciary history structure jury provided municipal courts jurisdiction misdemeanors carrying maximum penalty one year imprisonment upon conviction defendant may appeal circuit entitled trial de novo jury maine constitution art tit tit sprague androscoggin county letter dated maine attorney general office new york county district attorney office maine district courts try crimes punishable sentence one jury defendant may appeal conviction superior however entitled jury new hampshire constitution pt arts pt art state despres district municipal courts try without jury misdemeanors carrying maximum term imprisonment one year defendant courts absolute right appeal superior may demand jury trial de novo rhode island constitution art ann state nolan juries district courts jurisdiction punishable fine imprisonment one year defendant may appeal conviction superior entitled trial de novo jury virginia constitution art ann supp courts record jurisdiction misdemeanors punishable one year imprisonment charges tried without jury defendant may appeal right circuit receives trial de novo five jurors justice stewart dissenting concurring result substantially agree separate opinion justice harlan filed opinion fully demonstrates basic errors mechanistic approach fourteenth amendment subscribe opinion entirety however reason relies part upon certain dissenting concurring opinions previous cases join theory postulates bill rights substantive metes bounds fourteenth amendment think theory incorrect matter constitutional history matter constitutional law stultifying unsound best theory lead fourteenth amendment dead end worst spell theory logic compels either impose intolerable restrictions upon constitutional sovereignty individual administration criminal law else intolerably relax explicit restrictions framers actually put upon federal government administration criminal justice much elaborated justice harlan separate opinion affirm judgments substantially reasons architect contemporary approach fourteenth amendment course justice black see adamson california dissenting opinion separate opinion brother black filed today serve exhibit illustrate extraordinary habits thought us fallen conditioned reflex erroneous constitutional doctrine become pavlovian brother black barely mentions fourteenth amendment course opinion dealing procedural rule state florida adopted cases tried florida courts florida criminal laws opinion relies instead upon obvious meaning words fifth amendment bill rights together history surrounding adoption provisions make clear framers designed rights shield defendant state power though admire rhetoric submit deference statements quote author simply wrong matter fact law constitution forbids florida procedure fourteenth amendment either words bill rights history surrounding adoption every schoolboy knows framers bill rights power power federal government surely justice harlan right says time face reality footnotes outside new york city cases triable juries florida provides jury capital cases member jury try criminal cases justice frankfurther said speaking tare decisis embodies important social policy represents element continuity law rooted psychologic need satisfy reasonable expectations stare decisis principle policy mechanical formula adherence latest decision however recent questionable adherence involves collision prior doctrine embracing scope intrinsically sounder verified experience helvering hallock except new york provide jury trials crimes carrying sentences six months good deal diversity number jurors stage right jury trial attaches concluding relying prior decisions jury trial required sixth amendment applies opposed offenses opinion defines terms perfunctory reference history survey prevailing state rules see range severity punishment summary trials defined limiting jurisdiction imposition fines hundred pounds sentences hard labor six months practice colonies uniform apparent line drawn six months instances see district columbia clawans supra nn said significant index seriousness offense degree penalty attaches see frank district columbia clawans supra recalled alone determinative punishment consequence minor quality misconduct index community moral judgment upon frankfurther corcoran supra clawans held severity punishment determinative offense nature considered grave see also callan wilson supra schick supra noted offense severity punishment two distinct considerations cf house debate bill provide trial federal magistrates crimes petty nature see also sess minority views comments american bar association project standards criminal justice trial jury approved draft comment petty offense category trial jury yale reserve question whether jury required federal case particular offense punishable six months prison think offends equal protection clause new york provide juries hear offenses punishable six months new york city provision trials elsewhere state salsburg maryland missouri lewis upheld right state adapt procedures differing requirements territorial subdivisions salsburg quoted reaffirmed principles set forth missouri nothing constitution prevent state adopting system laws judicature sees fit part territory state new york example see fit adopt civil law method procedure new york city surrounding counties common law method procedure rest state nothing constitution prevent missouri lewis also stated part state thickly settled another part inhabitants may desirable different systems judicature two portions trial jury one example large cities may require multiplication courts peculiar arrangement jurisdictions unfortunate restriction powers state government discretion provide various exigencies see also ohio ex rel bryant akron park district ocampo disproportionate number misdemeanor cases clog new york city courts see part iii infra creates difference magnitude justifies differences treatment city city defendants conclusions historical materials admission hardly characterized solid entire argument seems flow fact senate committee substituted present language sixth amendment specific house version incorporated unanimity requirement expressly tied jury accustomed requisites meaning change wholly speculative apart requirement concrete evidence cited show senate opposed likely features madison version adopted house context amendment notable sparseness language likely explanation senate action streamlining madison version assumption prominent features jury preserved matter course interpretation events supported fact specifically objectionable feature vicinage language providing trial jury district thus leaving remaining attributes undefined face distinct expectation charged interpretation look common law explanation rendered less forceful fact noted commonlaw jury unfailingly mean early colonial times acknowledges constitutions provided juries simple reference jury article iii necessarily thought mean framers jury light need felt add amendments madison elaborate proposal sixth amendment allusion law seventh amendment suggests backdrop sixth amendment remote require rejoinder disagreed occasions differences majority went conclusions properly drawn history writ precedents jurisprudential approach took history point departure speaking two types constitutional claims come constitutional issues derive broad standards fairness written constitution questions nature allow relatively wide play individual legal judgment class gives scope second class constitutional issues derives specific provisions constitution defined history meaning settled history definition superfluous significance pronouncement minimized holding retrial jury eight ex post facto law perforce built upon conclusion jury right substance right merely procedure mandated statute required ex post facto holding federal rules criminal procedure provide jury recently last year lower federal courts assumed commitment unanimous verdict fioravanti cir williams cir see also virginia erection cir goldberg cir rogers cir fournier gonzalez cir billeci horne cir hibdon cir addition separate opinions noted text see poe ullman dissenting opinion griswold connecticut concurring judgment lanza new york concurring opinion gideon wainwright concurring opinion murphy waterfront concurring judgment barber page concurring opinion berger new york dissenting opinion chimel california supra ashe swenson concurring opinion coleman alabama separate opinion bloom illinois dissenting opinion washington texas concurring result dickey florida concurring opinion right counsel appears explicitly although gilbert california implicitly gideon wainwright purported determination fairness requires state afford trial counsel indigent accused although disagreed particular holdings like gilbert california supra held must arrange presence counsel lineups see justice white separate opinion wade joined decisions incorrectly require view counsel circumstances presence necessary either sixth amendment due process clause see separate opinion coleman alabama decided today president legal aid society new york city recently reported society clients tried new york criminal without jury acquitted convictions trial acquittals trial speech annual judicial conference second judicial circuit lake placid reprinted september see opinion see appendix opinion see ibid see ibid see ibid class grade offences called petty offences according common law may proceeded summarily guarantee impartial jury accused criminal prosecution conducted secures right enjoy mode trial first moment whatever put trial offence charged accord accused right tried jury appellate fully tried otherwise jury original jurisdiction satisfy requirements constitution see kalven zeisel american jury comment jury verdicts unanimous criminal cases rev like justice harlan join part opinion relating issue occasion state elsewhere understanding whatever worth motivational origins fourteenth amendment justice jackson came junior members embraced comforting theory fourteenth amendment substantive impact upon exactly measured specific restrictions first eight amendments imposed upon national government call theory critics old subjective approach due process theory appeared give fourteenth amendment objective content definable scope footnotes omitted stewart robert jackson influence relationships justice jackson four lectures honor worthy candidate nomination exhibit separate opinion filed today coleman alabama brother douglas dealing procedure followed alabama administration alabama criminal law brother opinion advises us sixth amendment controls statement made name construction constitution say agree fifth amendment provisions bill rights render unconstitutional federal alibi procedure similar florida see supra