Justice Gorsuch Calls for Revisiting Florida's Six-Member Jury Law
Supreme Court declines to review cases challenging the constitutionality of non-12-member juries in serious criminal trials.
- Justice Neil Gorsuch dissented from the Supreme Court's decision not to hear the Cunningham v. Florida case.
- Gorsuch argues that the Sixth Amendment historically guarantees a 12-member jury for serious criminal offenses.
- Florida, along with five other states, allows six- or eight-member juries for felony cases.
- Florida officials maintain that their jury practices have been in place since 1877 and fulfill constitutional duties.
- Approximately 5,000 criminal convictions are pending appeal in Florida due to this jury size issue.