Johnson v. Louisiana — Stewart, J., dissenting

Summary

Justice Stewart, joined by Justices Brennan and Marshall, dissented from approval of Louisiana's nonunanimous criminal jury verdict system. He reasoned that the Fourteenth Amendment's Due Process and Equal Protection Clauses require unanimity whenever a State provides trial by jury because unanimity is necessary to make impartial jury selection meaningful and to protect against prejudice and unreliable verdicts. Separate writings by Justices Douglas, Brennan, and Marshall likewise would require or strongly protect unanimous verdicts, while Justice Blackmun concurred in the judgment and Justice Powell separately defended the constitutionality of nonunanimous state verdicts.