The U.S. Supreme Court has rejected constitutional challenges to Florida’s use of six-member juries in most felony trials, a decision that has sparked debate and controversy. Florida is one of only a few states that do not require 12-member juries in criminal cases, a practice that dates back to 1877.
Justice Neil Gorsuch wrote a dissenting opinion, arguing that the constitutional right to trial by a jury is not met by six-member juries. He called on the people of Florida and other affected states to revise their jury practices to ensure that no person can be sent to prison without the unanimous assent of 12 of their peers.
The case that brought this issue to the forefront involved Natoya Cunningham, who was sentenced to eight years in prison by a six-member jury on charges of aggravated battery and retaliation against a witness or informant. Cunningham’s attorneys argued that the use of six-member juries in felony cases, particularly in a state with a significant population like Florida, could have far-reaching consequences.
While some argue that 12-member juries lead to higher-quality deliberations and increased minority participation, others believe that the use of six-member juries is not intended to suppress minority involvement. The debate continues as Florida and other states grapple with the implications of the Supreme Court’s decision.