The Supreme Court will soon address whether states can empanel juries of only six members for criminal cases, a decision that could lead to significant changes in the judicial system.
At the center of this case is Hamed Kian, a Florida chiropractor convicted of practicing with a suspended license. He argues that his trial by a six-person jury infringed on his constitutional rights. The court will hear arguments on this issue in the upcoming fall session.
Florida, along with five other states, utilizes six-member juries in criminal cases that do not involve the death penalty. These states include Arizona, Connecticut, Indiana, Massachusetts, and Utah. Kian’s conviction followed allegations of inappropriate conduct with patients, which led to the suspension of his license. Despite the suspension, evidence showed he continued practicing, resulting in his conviction by a smaller jury.
The controversy focuses on the Sixth Amendment, which ensures the right to “a speedy and public trial, by an impartial jury.” While it does not specify the number of jurors, Kian’s attorneys argue the term ‘jury’ historically referred to 12 members in 1791, the year the amendment was adopted. Although the Supreme Court ruled in favor of 12-person juries over a century ago, a 1970 decision stated the number was not absolute—a decision that now faces reevaluation.
Recent court decisions have emphasized original constitutional interpretations. In 2020, the court mandated unanimous juries in criminal cases, overturning previous allowances for non-unanimous verdicts in some states. Kian’s legal team contends that a similar historical interpretation supports the requirement for twelve-member juries.
In response, Florida’s Attorney General, James Uthmeier, asserts the 1970 ruling was correct and overturning it could affect thousands of past convictions across multiple states.
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