Given the ease with which an alibi can be fabricated, the State's interest in protecting itself against an eleventh-hour defense is both obvious and legitimate. Tempering the rigor of Duncan should be done forthrightly, by facing up to the fact that, at least in this area the "incorporation" doctrine does not fit well with our federal structure, and, by the same token, that Duncan was wrongly decided. Simoi v. Burke, 41 Wis.2d 129, 137, 163 N.W.2d 177, 181 (1968) ("[i]f we are discussing the right of a defendant to defer until the moment of his testifying the election between alternative and inconsistent alibis, we have left the concept of the trial as a search for truth far behind"). 3, § 31, Art. number 09-869 appellant Louis P. Williams appellee State of Florida note. Because it was clear that Ms. Williams did not have exclusive possession of the black bag containing marijuana, as there were other persons in the car and she did not admit the bag was hers, the State was required to prove constructive possession with evidence beyond the fact that she was in near proximity to the black bag. Our holding does no more than leave these considerations to Congress and the States, unrestrained by an interpretation of the Sixth Amendment that would forever dictate the precise number that can constitute a jury. [Footnote 3/11] B. Cardozo, The Nature of the Judicial Process (1921). The prosecutor successfully obtained an order compelling the defendant to reveal the names and addresses of any doctors he consulted and the medical reports of any examinations relating to the claimed incapacity. See Maryland v. Brown, 295 F. Supp.
782. (Jury of six in county courts, which have jurisdiction of all crimes except those carrying the death penalty or life imprisonment. Trial by Jury 112 n. 4 (1877), quoting G. Duncombe, 1 Trials per Pais 92-93 (8th ed. Joshua Williams, pro se, for appellant. See the Court's opinion, ante at 399 U. S. 99 n. 45. This interpretation of the events is supported by the fact that the only specifically objectionable feature of the common law jury -- the vicinage requirement -- was preempted by language providing for a trial by a jury of the district, thus leaving the remaining attributes undefined in face of the distinct expectation that those charged with interpretation would look to the common law. Oklahoma: Constitution, Art. at 405, Pennsylvania permitted majority verdicts and employed juries of six or seven, id.
Proffatt, supra, n. 23 at 119; 1 G. Curtis, History of the Origin, Formation, and Adoption of the Constitution of the United States 23 (1863). Helvering v. Hallock, 309 U. S. 106, 309 U. S. 119 (1940).". We reversed in Green, concluding, after viewing the evidence in the light most favorable to the State, that the most the State demonstrated was that the defendant was in proximity to the contraband, that he was nervous during the traffic stop, that cocaine was found in a secret compartment over the glove box, and that there was a spicy odor in the car. Accordingly, we remand for resentencing on all counts, as correction of the enhancement error may affect the sentencing range under the scoresheet.
Indeed, given the clear expectation that a substantive change would be effected by the inclusion or deletion of an explicit "vicinage" requirement, the latter explanation is, if anything, the more plausible. ALTENBERND, J., Concurs with opinion. . 1D19-4183. the United States, secures to him the right to enjoy that mode of trial from the first moment, and in whatever court, he is put on trial for the offence charged. We hold that the 12-man panel is not a necessary ingredient of "trial by jury," and that respondent's refusal to impanel more than the six members provided for by Florida law did not violate petitioner's Sixth Amendment rights as applied to the States through the Fourteenth. However "testimonial" or "incriminating" the alibi defense proves to be, it cannot be considered "compelled" within the meaning of the Fifth and Fourteenth Amendments. Petitioner's apparent suggestion to the contrary is simply not borne out by the facts of this case. See also New Jersey Experiments with Six-Man Jury, 9 Bull. [Footnote 3/2] The necessary consequence of this decision is that 12-member juries are not constitutionally required in federal criminal trials either. We had occasion in Duncan v. Louisiana, supra, to review briefly the oft-told history of the development, of trial by jury in criminal cases. Williams was charged by indictment with committing one count of first-degree murder and two counts of armed robbery. Ante at 399 U. S. 84. .
2, 3.
", Id. [Footnote 2/2]. Neither argument is, in my view, an acceptable reason for disregarding history and numerous pronouncements of this Court that have made "the easy assumption" that the Sixth Amendment's jury was one composed of 12 individuals. Thus, in Thompson v. Utah, a unanimous Court answered in the affirmative the question whether the Sixth Amendment jury "is a jury constituted, as it was at common law, of twelve persons, neither more nor less." . See also Heller, supra, n 25, at 13-21. Thus, Connecticut permitted majority decision in case of continued failure to agree, id. Senate Journal, Sept 4, 1789, 1st Cong., 1st Sess., 71. 935, 939, 942. Williams, lost in a Florida appellate court; he appealed to the U.S. Supreme Court. On appeal from the Circuit Court for Columbia County.
Response to that kind of pressure by offering evidence or testimony is not compelled self-incrimination transgressing the Fifth and Fourteenth Amendments. In tracing the development of the jury from the time when the jury performed a different, "inquisitory" function, James B. Thayer notes the following: "In early times, the inquisition had no fixed number. . [Footnote 8], We need not linger over the suggestion that the discovery permitted the State against petitioner in this case deprived him of "due process" or a "fair trial." 100, 108 and n. 30 (and authorities cited), 110-111 (1968). 1303 (1931).
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