Duncan v. Louisiana

Paper Summary:

This paper focuses on the case known as "Duncan v. Louisiana" (1968) where an African-American was convicted of simple battery in Louisiana. The paper discusses the historical overview of this case that involves several court cases, among them "District of Columbia v. Clawans" (1937) and "Singer v. United States" (1965). The paper explains that this case was a "landmark" case because it reflects a pivotal moment on the part of the U.S. Supreme Court to make states comply with the amendments of the U.S. Constitution under the Fourteenth Amendment.

From the Paper:

"In the Clawans case, an individual was arrested for selling second-hand property without the proper license. In the District of Columbia this offense was punishable by a fine of not more than $300 - or, alternatively, of imprisonment of not more than 90 days. It was classified as a "petty offense," according to http://supreme.justia.com. According to the U.S. Constitution, at the time it was adopted by the U.S., a trial without a jury for petty crimes was the norm. And at that time, when a person was tried by a judge (and not a jury), he was not entitled to an appeal, if the ruling was guilty. Therein lies the issue in District of Columbia v. Clawans. Ms. Clawans, in this case, was sentenced to pay a fine of $300 for her misdeeds, and when she was being arraigned she demanded a trial by jury."

Sample of Sources Used:

• FindLaw (2007). U.S. Supreme Court: District of Columbia v. Clawans, 300 U.S. 617 (1937).Retrieved April 29, 2008, from http://caselaw.lp.findlaw.com.
• FindLaw. (2007). U.S. Supreme Court: Duncan v. Louisiana, 391 U.S. 145 (1968). RetrievedApril 29, 2008, from http://caselaw.lp.findlaw.com.
• Justia & Oyez. (2007). District of Columbia v. Clawans, 300 U.S. 617 (1937). Retrieved April29, 2008, from http://supreme.justia.com/us/300/617.
• Justia & Oyez. (2006). Singer v. United States, 380 U.S. 24 (1965). Retrieved April 29, 2008,From http://supreme.justia.com/us/380/24/case.html.

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