Supreme Court to Decide on Florida's Six-Person Jury: Implications for Jury Size in Criminal Cases
The Supreme Court has agreed to hear a case challenging Florida's use of a six-person jury instead of the traditional 12-person jury. The case involves Hamed Kian, who was convicted of practicing as a chiropractor without a license and sentenced to prison followed by probation. Kian and his lawyers argue that the original meaning of "jury" under common law requires 12 people, citing a 1898 case, Thompson v. Utah.
Florida law mandates a 12-person jury for capital cases but allows for a six-person jury in other criminal cases. The state of Florida defended its use of a six-member jury, citing a 1970 case where the justices deemed it lawful as the framers did not specify a precise number for a jury. More than 5,000 criminal convictions using the six-member jury are currently on appeal.
The Supreme Court's decision on the Florida case could have implications for other states like Connecticut, Indiana, Massachusetts, Utah, and Arizona, which also allow for six-member juries in non-death penalty cases. The court will hold oral arguments during its next term, which spans from October 2026 to June 2027. Justice Neil M. Gorsuch had previously dissented from the court's decision not to address the six-member jury issue in 2024, stating that Florida's practice goes against the Constitution.
If the Supreme Court rules against Florida, it could impact the jury laws in other states that allow for six-member juries. The case highlights the ongoing debate over the size of juries in criminal trials and the interpretation of the Constitution in jury selection processes.