Ballew v. Georgia

Facts

Ballew was the manager of the Paris Adult Theatre in Ga. Two investigators watched "Behind the Green Door" and then obtained a warrant for its seizure The investigators returned to the theatre and watched it again and seized it A few weeks later, investigators returned to the theatre secured another warrant, watch the film again, and seized another copy of the film Petitioner was charged in a 2-count misdemeanor accusation with distributing obscene materials in violation of a Georgia statute Petitioner was bought to trial and unsuccessfully challenged the impaneling of a 5 person jury arguing this was a violation of the 6th and 14th Amendment and a minimum of 6 persons were constitutionally required The court rejected his argument, and the 5-person jury found him guilty, imposed a 1-year sentence and $1,000 fine on each of the two counts

Procedural history

Georgia state trial court with five jury members found defendants guilty of 2 misdemeanor counts (one year prison term and $1,000 for each count) Georgia Court of Appeals (rejected petitioner's contentions-affirmed) Georgia Supreme Court denied certiorari U.S. Supreme granted certiorari

Analysis

The 6th Amendment only mandates a jury of sufficient size to promote group deliberation There is no evidence that reliability of jury verdicts diminished with 6 members but many studies compared 12 to 6 member juries Numerous studies/empirical data reveals progressively smaller juries are less likely to foster effective group deliberation and counterbalance prejudices Data shows as juries decrease in size, less likely to have members remember important pieces of information Risk of convicting an innocent person is higher with smaller juries and this risk outweighs releasing a guilty person Smaller juries increases the likelihood of not having a minority member or minority "voice" represented which is required for meaningful community participation (representation of community "standards") Data shows reducing from 12 to 6 can impact consistency and increase "error" and thus less than 6 seriously impairs a jury's purpose and functioning to a constitutional degree

Rule

The Court is applying the 6th and 14th Amendment rights 14th Amendment guarantees the right of trial by jury in all non-petty criminal cases (citing Duncan v. Louisiana) This 6th Amendment right is applied to the States because trial by jury in criminal cases is fundamental to American justice (Duncan)

Conclusion

Trial on criminal charges before a 5 member jury deprives defendant of his right by jury trial guaranteed by the 6th and 14th Amendments Reversed (Georgia Court of Appeals) and Remanded

Issue

Whether a state criminal trial to a jury of only five persons deprives the accused of the right to trial by jury guaranteed to him by the 6th and 14th Amendments?