Most people assume a criminal jury has twelve members. In Florida, most felony trials are decided by six. The U.S. Supreme Court has agreed to decide whether that practice violates the Constitution, and the answer could change how serious charges are tried in several states.

The Case Before the Court

Hamed Kian was convicted by a six-person Florida jury on five felony counts of practicing chiropractic medicine with a suspended license. He argues that the Sixth Amendment, applied to the states through the Fourteenth, guarantees a twelve-member jury for serious crimes. The Court granted review, and organizations such as the Cato Institute have filed briefs supporting Kian’s position.

Kian’s case arose from a professional licensing matter. This is significant because a suspended or disputed license can expose a professional to felony charges in addition to administrative discipline.

This is some of the most significant criminal defense law news of the Court’s current term.

Why Florida Uses Six Jurors

In 1970, the Supreme Court held in Williams v. Florida that twelve jurors are not a constitutional requirement. Florida has relied on that decision ever since. It uses six-member juries for all noncapital offenses.

Florida is not alone. Arizona, Connecticut, Indiana, Massachusetts, Louisiana, and Utah use juries of fewer than twelve in some criminal cases. Florida has warned that overruling Williams could affect roughly 5,000 pending appeals in the state.

Arguments for Twelve Jurors

Kian and his supporters make several points:

• Federal courts and most states already require twelve jurors for serious crimes.
• Larger juries tend to deliberate longer and recall evidence more accurately.
• Twelve jurors draw from a broader cross-section of the community.
• The common-law jury had twelve members for centuries before 1970.

Florida responds that Williams is settled law and should not be overturned.

What This Means for People Facing Charges

Nothing changes yet. Florida trials will continue with six jurors until the Court rules.

A pending case of this kind can still have immediate consequences. Defense counsel may raise a jury-size objection before trial, as with a motion challenging an illegal search, so the issue is preserved for appeal. Past decisions expanding jury rights have not always applied to cases that were already final, which makes timing important.

Jury size also affects plea negotiations. Both sides weigh how a jury is likely to react to the evidence, including body camera footage, when deciding whether an offer makes sense.

Why the Stakes Are Higher in Felony Cases

A felony conviction can bring prison time and consequences that follow a person long after the sentence ends. An experienced felony lawyer will review every procedural protection available, and the makeup of the jury is one of them.

For someone facing a first criminal charge, learning that six people may decide the outcome often comes as a surprise. Questions about jury size, and about how a pending Supreme Court case could affect a trial, are worth raising early in the process.

Those questions also highlight why familiarity with appellate issues is an important quality when choosing a defense attorney, particularly while the law in this area remains unsettled.

We will continue tracking this case and other criminal defense law news as the term proceeds.

If you have questions about how this decision could affect a pending case, MSPM Law Resources can help you find information and connect with a defense attorney who can review your situation.