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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.
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