Is Your Florida Criminal Trial Decided by Too Few Jurors? Supreme Court to Decide

Is Your Florida Criminal Trial Decided by Too Few Jurors? Supreme Court to Decide

Your Florida criminal jury trial could rest in the hands of just six people. Not twelve. Six.

That 150-year-old Florida practice of six-person criminal juries is now headed to the U.S. Supreme Court, and the outcome could reshape every misdemeanor and non-capital felony trial in the state.

Here is what every defendant needs to know about the challenge to Florida’s six-person juries, why it matters for your defense, and what to do right now if you are facing charges. If you were just taken into custody, read our guide on what to do if you are arrested in Florida in the first 24 hours before anything else.

The Case That Could Change Everything

The U.S. Supreme Court agreed to hear an appeal from Hamed Kian, a West Palm Beach chiropractor convicted of practicing without a license.

Kian was tried before a six-person jury, standard procedure in Florida for all non-capital criminal cases under Florida Statute 913.10. After the Fourth District Court of Appeal rejected his appeal without comment in October 2025, he took his fight to Washington.

His argument is simple and historic: the Sixth Amendment guarantees a 12-person jury. Nothing less.

His attorneys trace that right back to 1215 and the Magna Carta, arguing the Founders understood “jury” to mean 12 citizens, not six, not eight.

And at least one Supreme Court Justice already agrees with him.

Williams v. Florida: The 1970 Ruling Under Fire

Why does Florida use six-person juries in the first place?

Because of Williams v. Florida, a 1970 Supreme Court decision that allowed states to use six-person juries for non-capital cases.

Florida Attorney General James Uthmeier is urging the Court to keep it. In his brief, he argued Florida voters have relied on that structure for a century and a half, and that it fully satisfies the Sixth Amendment duty to provide a jury trial.

He also issued a stark warning: Florida has about 5,000 criminal convictions currently pending on appeal. Five other states, including Arizona, Connecticut, Indiana, Massachusetts, and Utah, use similar smaller juries.

As quoted in reporting on the brief: “Overruling Williams would force the use of public resources to conduct thousands of retrials… and might well result in the release of convicted criminals into the public.”

In other words: if the Court rules against Florida, thousands of cases could be sent back for retrial.

Why Criminal Defense Attorneys Say 12 Is Fairer Than 6

Florida Association of Criminal Defense Lawyers President Aaron Wyat called the Court’s decision to revisit Williams “long overdue.”

And the research backs him up.

Studies consistently show that 12-member juries deliberate longer and more thoroughly, reflect the community better, and resist pressure from a single dominant voice.

More jurors means more viewpoints, longer discussion, and better recall of the evidence. Twelve people are far more likely to represent a true cross-section of Miami, Fort Lauderdale, West Palm Beach, or Tampa than six.

As Wyat puts it: “Any criminal defense attorney who has ever had an attorney on the jury knows that you end up talking to that one person.” In a six-person jury, one strong personality can sway the entire verdict. In a twelve-person jury, that is much harder.

Justice Neil Gorsuch made the same point in 2022 when the Court declined to hear an Arizona eight-person jury case. He dissented, calling Williams “wrong the day it was decided.”

Now the full Court will finally answer the question.

What This Means If You Are Facing Criminal Charges in Florida Right Now

This is not just a law-school debate. It affects defense strategy today.

First, your jury is smaller, so every juror matters more. With only six seats, one biased juror carries double the weight. Thorough voir dire, questioning and striking jurors, is critical in Florida. See our best practices for choosing a criminal defense attorney before you hire.

Second, your conviction could be vulnerable on appeal. If the Supreme Court overturns Williams, defendants convicted by six-person juries may have new grounds for appeal or post-conviction relief. An experienced Florida criminal appeal lawyer needs to preserve that issue now.

Third, do not wait for the Supreme Court to protect your rights. The Court will not rule for months. Police, prosecutors, and judges are moving forward with cases every day. You need a defense built for the system as it exists today, while preserving every federal constitutional challenge for tomorrow.

Anyone worried only about retrials is missing the point, Wyat argues: “We had Miranda, we had Crawford, we had Gideon, and I’m sure people made the same arguments. The justice system survived.”

Justice survived because defense lawyers fought for it.

Frequently Asked Questions

How many jurors are required for a Florida criminal jury trial?

Currently, Florida uses 6 jurors for all non-capital criminal cases and 12 jurors only for capital cases where the death penalty is sought. That rule is now being challenged at the U.S. Supreme Court.

Is a 6-person jury constitutional?

Under Williams v. Florida (1970), yes, for now. The Supreme Court will decide in the upcoming term whether to overrule Williams and require 12-person juries under the Sixth Amendment.

What happens if the Supreme Court overturns Williams v. Florida?

Florida would likely have to switch to 12-person juries for serious misdemeanors and felonies. Thousands of pending appeals, an estimated 5,000 cases, could seek retrials.