Since 1877, Florida has used a six-person jury during a majority of its criminal trials. The standard may be about to change.
The Supreme Court is reviewing a case that could require Florida to use a twelve-person jury in all criminal cases.
Why is the Supreme Court considering jury size in Florida? And what does a potential change mean for the thousands of cases already sitting in Florida’s court system?
Florida’s Jury Size Is Not Aligned With the Rest of the Country
Most people assume a jury means twelve people. In Florida, that’s often not true.
Florida is one of only six states that uses fewer than twelve jurors for certain criminal cases.
State law calls for six jurors in “non-capital” felony cases, which is any case where the death penalty isn’t on the table. A case only uses twelve jurors if the death penalty is a potential option.
This Florida mandate goes back to 1877, just a month after the last federal troops left the state at the end of Reconstruction. Attorneys challenging the law argue that smaller juries emerged alongside a wave of new laws designed to limit Black Floridians’ role in public life.
The mandate was challenged once before.
In 1970, the Supreme Court took up the same question in a case called Williams v. Florida, and it sided with the state. They ruled that while most juries at the country’s founding had twelve members, the Constitution never actually locked in that number. The 7-1 decision is the reason Florida has had six-person juries for the past 50-plus years.
Now, the case is being challenged again.
Related: Tampa Arrest Resource Center
Will the Supreme Court Mandate a 12-Person Jury In Florida?
A new case will come before the Supreme Court to decide if Florida will require a twelve-person jury for all criminal cases.
The case, Kian v. Florida, started with a Palm Beach County chiropractor named Hamed Kian. Kian was convicted by a six-person jury of practicing medicine on a suspended license and sentenced to a year in prison plus five years of probation.
His lawyers argue he was entitled to a jury of twelve under the Sixth Amendment, and they’re asking the Supreme Court to overturn Williams v. Florida.
Analysts believe there is a high chance the court will rule in favor of mandating a twelve-person jury. Justice Neil Gorsuch has already written that Williams v. Florida “was wrong the day it was decided” and that the state now “does what the Constitution forbids.”
What Does a Potential Change Mean for the Courts?
It may be a while until we see any effects from a potential change to law based on a Supreme Court ruling. The Supreme Court will hear arguments in its 2026-2027 term, with a ruling possibly not arriving for another year. But Tampa-based attorney, TJ Grimaldi says a ruling could lead to substantial changes in criminal defense cases.
“More people means more people’s point of view. In my opinion, that means it might be harder to prove a criminal case beyond any and all reasonable doubt because there are more eyes looking and mouths discussing the evidence. Plus, there is a better chance that it is truly “a jury of your peers” with more people,” he says.
Grimaldi also believes a change could stretch out trial timelines.
“I do think it may slow things down from a trial standpoint as it might be harder to get a jury picked. And, it might cause juries to deliberate longer as there are more people to discuss the facts,” says Grimaldi.
While larger juries generally mean longer jury selection and deliberation, bigger panels may ultimately lead to fairer, more representative verdicts.
Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps
What Does a Potential Change Mean For You?
If you’re currently facing a criminal charge or have recently been convicted in Hillsborough County or elsewhere in Florida, the outcome of this case could have an impact on your case.
Retrials could be on the table. If the Supreme Court strikes down six-person juries, defendants convicted by one, including many of those 5,000 pending appeals, could have grounds to challenge their conviction and ask for a new trial.
Pending cases may start adjusting their strategy. Tampa-area defense attorneys are asking judges now, before any ruling, to seat twelve-person juries for their clients. Local defenders acknowledge judges are unlikely to grant it under current law, but they’re filing the motions anyway to preserve the issue for later review.
The Law Is Always Changing. Find a Partner Who Can Keep Up.
Legal rules and guidelines on a federal, state, and local level are always changing. In some circumstances, those changes could have major implications in your case. Make sure you work with a legal partner who is keeping up with changes and how they could impact you and your case.
If you’re navigating a criminal case, let’s talk about how these changes could affect you. Contact our office to schedule a one-on-one with Tampa-based criminal defense attorney TJ Grimaldi.
Get answers and make a plan for how this ruling could change the outcome of your case. All consultations are free. Call 813-226-1023 or contact us today.