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Six states - Arizona, Connecticut, Florida, Indiana, Massachusetts and Utah - allow six- or eight-member juries to decide felony cases. The criminal defendants asserted that the practice violates the 6th Amendment. Justice Neil Gorsuch wrote a dissent from the decision to deny the cases.
It seems the tradition of having 12 members for a jury in a criminal case, apparently originating from the Welsh King Morgan of Gla-Morgan, who originated jury trials and this number in 725 A.D. Legend has it he decided on the concept of a Judge and 12 jurors, based on Jesus and the 12 Apostles, and though, in the vast
Gorsuch on Tuesday said the court should have used Cunninghams case as a vehicle to overturn Williams v. Florida, a 1970 case in which the Supreme Court ruled that the Sixth Amendment does not require 12-member juries.
Felonies, being the more serious category of crime, almost always qualify for a jury trial due to the potential for severe penalties, including lengthy prison sentences. Misdemeanors, while still serious, often carry less severe punishments and, as a result, may not always necessitate a jury trial.
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