Duncan v. Louisiana Supreme Court Case, Arguments, Impact

Duncan v. Louisiana (1968) asked the Supreme Court to determine whether a state could deny someone the right to a trial by jury. The Supreme Court found that an individual charged with a serious criminal offense is guaranteed a jury trial under the Sixth and Fourteenth Amendments. Fast Facts: Duncan v. Louisiana Case Argued: January 17, 1968Decision Issued:  May 20, 1968Petitioner: Gary DuncanRespondent:   State of LouisianaKey Questions: Was the State of Louisiana obligated to provide a trial by jury in a criminal case such as Duncans for assault?Majority Decision: Justices Warren, Black, Douglas, Brennan, White, Fortas, and MarshallDissenting: Justices Harlan and StewartRuling: The court found that the Sixth Amendment guarantee of trial by jury in criminal cases was fundamental to the American scheme of justice, and that states were obligated under the Fourteenth Amendment to provide such trials. Facts of the Case In 1966, Gary Duncan was driving down the Highway 23 in Louisiana when he saw a group of young men at the side of the road. When he slowed his car, he recognized that two members of the group were his cousins, who had just transferred to an all-white school. Worried about the rate of racial incidents at the school and the fact that the group of boys consisted of four white boys and two black boys, Duncan stopped his car. He encouraged his cousins to disengage by getting in the car with him. Before getting back in the car himself, a brief altercation occurred. At trial, the white boys testified that Duncan had slapped one of them on the elbow. Duncan and his cousins testified that Duncan had not slapped the boy, but rather had touched him. Duncan requested a jury trial and was refused. At the time, Louisiana only allowed jury trials for charges which could result in capital punishment or imprisonment at hard labor. The trial judge convicted Duncan of simple  battery, a misdemeanor in the state of Louisiana, sentencing him to 60 days in jail and a $150 fine. Duncan then turned to the Supreme Court of Louisiana to review his case. He argued that denying him a jury trial when he faced up to two years in prison violated his Sixth and Fourteenth Amendment rights. Constitutional Issues Can a state deny someone a jury trial when they face criminal charges? The Arguments Attorneys for the State of Louisiana argued that the U.S. Constitution did not force states to provide jury trials in any criminal case. Louisiana relied on several cases, including Maxwell v. Dow and Snyder v. Massachusetts, to show that the Bill of Rights, particularly the Sixth Amendment, should not apply to the states. If the Sixth Amendment were to apply, it would cast doubt on trials conducted without juries. It would also not apply to Duncans case. He was sentenced to 60 days in jail and a monetary fine. His case does not meet the standard for a serious criminal offense, according to the state. Attorneys on behalf of Duncan argued that the state violated Duncans Sixth Amendment right to a trial by jury. The Due Process Clause of the Fourteenth Amendment, which protects individuals from arbitrary denial of life, liberty, and property, ensures the right to a trial by jury. Like many other elements of the Bill of Rights, the Fourteenth Amendment incorporates the Sixth Amendment to the states. When Louisiana denied Duncan a jury trial, it violated his fundamental right. Majority Opinion Justice Byron White delivered the 7-2 decision. According to the court, the Due Process Clause of the Fourteenth Amendment applies the Sixth Amendment right to a trial by jury to the states. As a result, Louisiana violated Duncans Sixth Amendment right when the state refused to give him a proper jury trial. Justice White wrote: Our conclusion is that, in the American States, as in the federal judicial system, a general grant of jury trial for serious offenses is a fundamental right, essential for preventing miscarriages of justice and for assuring that fair trials are provided for all defendants.   The decision asserted that not every criminal offense is serious enough to require a jury trial under the Sixth and Fourteenth Amendments. The Court made it clear that petty offenses did not require a trial by jury, upholding the traditional common law practice of using a bench trial to adjudicate petty offenses. The Justices reasoned that there was no substantial evidence that the Framers of the Constitution aimed to ensure the right to a trial by jury for less serious charges. In order to separate a serious offense from a petty offense, the court looked to District of Columbia v. Clawans (1937). In that case, the court used objective criteria and focused on the existing laws and practices in federal courts to determine whether a petty offense required a jury trial. In Duncan v. Louisiana, the majority evaluated standards in the federal courts, state courts, and 18th-century American legal practices to determine that a crime punishable by up to two years in prison could not be called a petty offense. Dissenting Opinion Justice John Marshall Harlan dissented, joined by Justice Potter Stewart. The dissenters reasoned that states should be allowed to set their own jury trial standards, unimpeded by the Court but constitutionally fair. Justice Harlan encouraged the idea that the Fourteenth Amendment requires fairness through constitutionality rather than uniformity. States, he argued, should be allowed to individually conform their courtroom procedures to the Constitution. Impact Duncan v. Louisiana incorporated the right to a trial by jury under the Sixth Amendment, guaranteeing it as a fundamental right. Prior to this case, the application of jury trials in criminal cases differed across states. After Duncan, denying a jury trial for serious criminal charges with sentences of greater than six months would be unconstitutional. The use of jury trial waivers and civil court juries still varies between states. Sources Duncan v. Louisiana, 391 U.S. 145 (1968)District of Columbia v. Clawans, 300 U.S. 617 (1937).

The Impact Of The Westward Expansion On Women And African...

The Impact of the Westward Expansion on Women and African Americans The Westward Expansion started prior to The Revolutionary War, settlers were migrating westward to what states are now modern day Kentucky and Tennessee in hopes for a fruitful life and larger job opportunity. This Westward Expansion was aided through the Louisiana purchase in 1803, in which the United States purchased territory from France, resulting in doubling in size of the country. This Louisiana purchase was stretched from the Mississippi River to the eastern Rocky Mountains in the west and from the Gulf of Mexico all the way to the south of the Canadian border in the north. In result of the Westward Expansion , families would pick up and walk as far west as†¦show more content†¦They had the burdens of traveling while pregnant and childbearing as well as the rituals of attending to the sick and dying and the caring of infants and the caring and irritable children. Women also felt themselves in antagonistic relationship with them but more often than not when they maintain their silence. This is expressed in this journal account written by Miriam Davis, â€Å" I have cooked so much out in the hot sun and smoke, I hardly know who I am, and when I look into the little Looking Glass I ask â€Å" can this be me?† Put a blanket over my head and I would pass well for an Osage squaw.† The Westward Expansion was the leading outlet for women to try to break the stereotype of domestic femininity. Proving yet the strength and courage women have always had. African Americans were among the many minorities looking for a brighter future through the Westward Expansion, fighting the ideal of slavery at every turn made that problematic. African Americans like whites, were seeking a fitter life after the Westward Expansion. Seeking homes, a better place to work , and a better place to foster a family. The western frontier carried much of the slavery in the Westward Expansion. Slavery was carried into the South West into Mississippi crossing the Mississippi River into Louisiana, finally going into Texas. SlaveryShow MoreRelatedEssay on Boss713 Words   |  3 Pagesand the development of the New England colonies? 4. How did the labor system of white indentured servitude work, and why did plantation owners replace it African slavery? Explain how the African slave trade developed? 5. How did the British victory in the Seven Years War ironically become one of the precipitating causes of the American Revolution? What deeply rooted historical factors moved America towards independence from Britain? 6. What were the primary achievements and failures ofRead MoreThe Speed And Lowered The Expense Of Commerce845 Words   |  4 Pagesthe new nation. People traveled in groups and cooperated with each other to clear land, build houses and barns, and establish communities. 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Essential Elements Of Contract - Solution is Just a Click Away

Question: Describe an example of a contract that you or someone you know entered into (e.g., rental agreement, cell phone agreement, property purchase or lease [e.g., car, home, furniture, etc.], home or car repair, or student loan agreement). In your description, be sure to provide specific contractual details including parties and subject matter involved. Answer: Overview In general terms, a contract can be said to be an agreement between two or more parties where the parties are known as parties to the contract. The agreement creates rights and obligations under the common law and under the contractual statutes applicable in the USA and its states. The obligations created through the agreement require a party to the contract to perform something or refrain from performing something ("Uniform Commercial Code", 2016). In cases where the contractual obligations are not fulfilled, legislative and judicial remedies are available to the party aggrieved or suffering a loss. Contracts have become indispensable in the business fraternity throughout the world. However, the validity of a contract has always been questioned in matters of dispute. Validity of a contract depends on a few essential features that have to be fulfilled by the contracting parties in order to make such a contract enforceable under the eyes of the prevailing law. The purpose of this assi gnment is to bring out the essential elements of a valid contract and the consequences of a breach of contractual terms along with an explanation of the remedies available to the aggrieved party. Essential Elements of Contract The essential elements of a valid contract are as follows: Offer and Acceptance Offer is said to be a promise or a proposal that is made to a party to perform or refrain from performing something in exchange of something that has value. It is a definite promise to be bound by the terms of the contract that are proposed. The contractual obligations come into existence once the terms have been accepted by the other part to which the offer was made ("Principles of American Contract Law", 2016). Acceptance occurs when the offeree accepts the terms of the offer and such acceptance shall be unequivocal. Acceptance shall be communicated to the offeror by an act or a statement. Consideration Consideration is the price that is paid by the offeror to the offeree against the performance of the stipulated promise. The consideration must be something of value to the offeree and not necessarily money. Intention to Create Legal Relations Formation of an agreement requires an intention of the parties to create a legal relationship between them ("Contract Law", 2016). Presence of consideration is a proof that a legal relationship exists. It is a consideration for the sacrifice made by the offeree. Legal Capacity A person shall be legally competent to enter into a contract. In other words, the person shall not be a minor, of unsound mind (declared by a competent court) or intoxicated. A person is said to be a minor if such a person is below the age of 18 or 21 (depends on the state regulations and jurisdictions) ("Contract Law", 2016). Mutuality of Obligation Mutuality of Obligation is a doctrine under which both the parties to a contract are required to perform their contractual obligations otherwise the court may hold such a contract to be without any contractual obligations for both the parties involved. Contractual obligations are closely related to consideration. Contracts not fulfilling this element are mostly invalidated by the courts. Writing Requirement Contracts may be written or oral and both are considered to be valid under the law. However, under the State of Frauds, certain types of contracts are required to be reduced to writing for them to be valid and enforceable under the law ("Writing Requirement - Elements of a Contract - Contracts", 2016). Breach and Remedies When a party is unable to perform their contractual obligation, there is said to be a breach of contractual terms. The aggrieved party suffering a loss due to such a breach may sue the other party and claim damages. A few reliefs can be claimed under the prevailing legislative structure as follows: Monetary Damage: Monetary damages may be paid to the aggrieved against the losses faced. Compensation: Compensation can be paid by the breaching party to compensate the promise. This puts the parties back to a position where it will be assumed that the breach did not take place ("Contracts - Contracts", 2016). Specific Relied: After considering the circumstances of the case, the court may order the breaching party to perform a portion of the contract as deemed fit by the court. Punitive Damages Nominal Damages: Punitive damages are additional monetary penalties imposed by the court. Nominal damages are damages that are paid where it is not possible to determine the quantum of damage caused ("Contract Law", 2016). Example The sample agreement is an agreement for sale and purchase of a real estate property. The buyer of the property is Mr. John Smith and the seller is Mr. Mike Cooper. The contract contains the details of the property. Payment is to be made through an escrow account and the contract stipulates the details of the consideration and the mode of payment. The contract stipulates a period of sixty days regarding contingencies of closing. The main subject matter of contract revolves around the manner in which the transaction is to be executed. References Chapter 18: Contract Law. (2016).Businesslawbasics.com. Retrieved 8 June 2016, from https://www.businesslawbasics.com/chapter-18-contract-law Contract Law. (2016).Hg.org. Retrieved 8 June 2016, from https://www.hg.org/contract-law.html Contracts - Contracts. (2016).Contracts.uslegal.com. Retrieved 8 June 2016, from https://contracts.uslegal.com/ Principles Of American Contract Law. (2016).www3.uninsubria.it. Retrieved 8 June 2016, from https://www3.uninsubria.it/uninsubria/allegati/pagine/1438/Prof_Mootz.pdf Uniform Commercial Code. (2016).LII / Legal Information Institute. Retrieved 8 June 2016, from https://www.law.cornell.edu/ucc Writing Requirement - Elements of a Contract - Contracts. (2016).Contracts.uslegal.com. Retrieved 8 June 2016, from https://contracts.uslegal.com/elements-of-a-contract/writing-requirement/