Williams v. Florida

Mr. Justice Harlan,

dissenting in No. 188, ante, p. 66, and concurring in the result in No. 927.

In Duncan v. Louisiana, 391 U. S. 145 (1968), the Court held, over my dissent, joined by Mr. Justice Stewart, that a state criminal defendant is entitled to a jury trial in any case which, if brought in a federal court, would require a jury under the Sixth Amendment. Today the Court concludes, in No. 188, Baldwin v. New York, that New York cannot constitutionally provide that misdemeanors carrying sentences up to one year shall be tried in New York City without a jury.1 At *118the same time the Court…