Jury Size Constitutionality
Supreme Court to hear challenge on states using six-person juries
Anonymous
Key Points
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The court’s review is tied to how states actually structure non-capital trials: Florida “uses six-person juries for all criminal cases that don’t involve the death penalty,” and other states using six-member juries “also [include] Arizona, Connecticut, Indiana, Massachusetts and Utah.”
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Kian’s conviction stems from complaints by “three women” who were his patients that he “either kissed or touched them inappropriately,” after which his license was suspended; prosecutors later sought an indictment after evidence he “continued to see patients” even though he had an office in “Jupiter.”
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In the Supreme Court’s prior 1970 ruling that started the shift away from requiring 12 jurors, the decision came “by a 7-1 vote,” with Justice Thurgood Marshall as the “only” dissenter—an arrangement now highlighted as the Court revisits jury-size precedent.
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The Court’s more recent Sixth Amendment trend includes the 2020 unanimous-verdict ruling: it “effectively overturn[ed] a 1972 decision” that had allowed for non-unanimous criminal convictions in “Louisiana and Oreg[on],” underscoring the justices’ willingness to revisit older jury-related rules.
The U.S. Supreme Court will decide whether states can use six-person juries in criminal cases — a ruling that could upend the legal systems of Florida, Arizona, and four other states. The case centers on Hamed Kian, a Florida chiropractor convicted by a six-person jury of practicing medicine with a suspended license, according to Associated Press.
The justices agreed to hear the case in the fall, with a decision expected by June 2027. A ruling against six-person juries could affect roughly 5,200 convictions already on appeal in Florida alone, Washington Times reported.
Florida Chiropractor's Conviction Triggers Constitutional Fight
Kian's legal trouble began when three patients accused him of kissing or touching them inappropriately. Florida suspended his chiropractic license in 2021. Prosecutors then found he kept treating patients anyway at his Jupiter, Florida office, according to Associated Press.
A six-person jury convicted him on five counts in November 2023. Florida's Fourth District Court of Appeal upheld the conviction in October 2025. Kian's lawyers then took the fight to the Supreme Court, arguing the Sixth Amendment requires 12 jurors — not six.
1970 Ruling Allowed Smaller Juries — Now Under Attack
The Supreme Court first allowed six-person juries in its 1970 ruling in Williams v. Florida, by a 7-1 vote. Justice Thurgood Marshall was the only dissenter. He argued that 12 jurors were part of the original meaning of the word "jury" when the Constitution was written, according to Washington Times.
Kian's lawyers point to an 1898 Supreme Court ruling that said a jury must have 12 members — "neither more nor less." They argue the 1970 decision was built on flawed reasoning and bad social science. Justice Neil Gorsuch has signaled agreement, writing in a 2024 dissent that "Florida does what the Constitution forbids because of us," Washington Times reported.
Six States Face Major Overhaul If Court Rules Against Small Juries
Florida uses six-person juries for every criminal case that does not involve the death penalty. Arizona, Connecticut, Indiana, Massachusetts, and Utah also use smaller juries in at least some non-capital trials. Together, they stand apart from the 44 states that already require 12 jurors for felonies, according to The New Republic.
Florida officials warn a reversal would be costly and chaotic. Expanding jury sizes could raise trial costs by an estimated 50% in affected states. The state argues six-person juries have been a "distinct success" for over 50 years and that the court should respect settled precedent, Washington Times reported.
Recent Court Trend Suggests Willingness to Reverse Old Jury Rules
The current Supreme Court has shown it will overturn old jury-related precedents when history demands it. In 2020, the court required unanimous verdicts in all state criminal trials, effectively overturning a 1972 decision that had allowed split verdicts in Louisiana and Oregon, according to Associated Press.
Legal experts say the court's decision to take up Kian's case — after turning away similar cases in 2024 and 2025 — signals that at least four justices think the 1970 ruling is ripe for reversal. Oral arguments are expected in October or November 2026, Washington Times reported.
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