The First Freedoms
The Privacy Amendments
The 5th Amendment
The 6th Amendment
Civil Trials
The Interpretive Rules

Speedy and Public Trial, Impartial Jury, and Being Informed of the Accusation

Incorporation

Differences Between State and Federal Courts

In Duncan v. Louisiana (1968), the Supreme Court incorporated the 6th Amendment right to a jury trial against the states. State courts are now bound by this provision as well as federal courts. Nevertheless, this provision is interpreted slightly differently when applied to state and federal courts. While federal courts are bound to use 12-member juries, states may use smaller juries in certain cases. Also, in Apodaca v. Oregon (1972), it was decided that, while federal courts could only convict with a jury that agreed unanimously in the defendant’s guilt, state courts were allowed to apply a rule that required less than unanimity.