Supreme Court of the United States

Johnson v. Louisiana — Blackmun, J., concurring

May 22, 1972406 U.S. 356

Summary

Justice Blackmun concurs with the Court’s judgment that convictions based on less‑than‑unanimous jury verdicts do not violate the Fourteenth Amendment’s Due Process Clause. He adds that while he finds the split‑verdict system unwise, it is not constitutionally offensive, and therefore the Court should not strike it down. He also notes that a 7‑5 standard would pose greater difficulty than the 9‑5 or 75% standards at issue.

Docket 69-5035

Cited authorities

  • 52 Harv. L. Rev. 582
  • 31 Mod. L. Rev. 16
  • 21 U. Chi. L. Rev. 438