Johnson v. Louisiana — Douglas, J., dissenting

Summary

Justice Douglas, joined by Justices Brennan and Marshall, dissents from the Court’s affirmation that non‑unanimous jury verdicts in state criminal trials satisfy the Sixth Amendment and Due Process requirements. He argues that the Constitution, though silent on unanimity, historically presumes it as essential to proof beyond a reasonable doubt and that allowing split verdicts undermines fundamental safeguards. The dissent warns that this departure permits states to experiment with diluted civil‑rights protections.