State v. Hamm, C8-86-2057

• Decision Date: 29 April 1988
• Docket Number: No. C8-86-2057,C8-86-2057
• Citation: 423 N.W.2d 379
• Parties: STATE of Minnesota, Respondent, v. Bruce Charles HAMM, Appellant.
• Court: Minnesota Supreme Court

Page 379

423 N.W.2d 379

STATE of Minnesota, Respondent, v. Bruce Charles HAMM, Appellant.

No. C8-86-2057.

Supreme Court of Minnesota.

April 29, 1988.

Syllabus by the Court

Article I, section 6 of the Minnesota Constitution mandates a jury of 12 members in misdemeanor or gross misdemeanor cases; consequently, Minn.Stat. Sec. 593.01 subd. 1 (1986), which provides for 6-member juries in misdemeanor and gross misdemeanor cases, is unconstitutional.

John E. Mack, New London, for appellant.

Paul H. Tanis, Jr., Sp. Asst. Co. Atty., St. Peter, Joel A. Watne, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Heard, considered and decided by the court en banc.

YETKA, Justice.

The single issue presented in this case is whether article I, section 6 of the Minnesota Constitution mandates a jury of 12 members in misdemeanor and gross misdemeanor cases.

I.

On August 9, 1986, defendant Bruce Charles Hamm was charged with various misdemeanor alcohol-related driving offenses, including DWI. He moved for a 12-person jury. However, the motion was denied based on Minn.Stat. Sec. 593.01, subd. 1 (1986), which provides for a six-member jury in misdemeanor and gross misdemeanor cases. After a jury of 6 convicted Hamm, he moved for a new trial on the ground that he was constitutionally entitled to a jury of 12. That motion was denied, and Hamm appeals, arguing that article I, section 6 mandates a jury of 12. This court agreed to hear the case pursuant to Minn.R.Civ.App.P. 118. Based on this court's decision in State v. Everett, 14 Minn. 439 (Gil 330) (1869), which held that the constitutional phrase "impartial jury" imparts a body of 12 persons, we hold that section 593.01, subdivision 1 is unconstitutional and that Hamm is entitled to a jury of 12.

Article I, section 6 of the Minnesota Constitution guarantees that "[i]n all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury * * *." (Emphasis added.) In addition, article I, section 4 states that "[t]he right of trial by jury shall remain inviolate * * *." Minn.Stat. Sec. 593.01, subd. 1 (1986) provides that, "[n]otwithstanding any law or rule of court to the contrary, a petit jury is a body of six men or women * * *." Subdivision 2 of the same statute states that, for felony cases, a jury shall have 12 members.

As we have noted in the past, a duly enacted statute carries with it a presumption of constitutionality. See Guilliams v. Comm'r of Revenue, 299 N.W.2d 138, 142 (Minn.1980). This court proceeds with great caution before declaring a statute unconstitutional, see McGuire v. C & L Restaurant Inc., 346 N.W.2d 605, 611 (Minn.1984), and will do so only if the challenging party demonstrates beyond a reasonable doubt that it violates a constitutional provision. City of Richfield v. Local No. 1215, Int'l Ass'n of Fire Fighters, 276 N.W.2d 42, 45 (Minn.1979). Furthermore, in matters properly enacted by the legislature, this court must defer to that body's judgment.

We acknowledge, therefore, that a statute is presumptively constitutional and will be declared unconstitutional only after we have conducted a careful analysis. However, even a more cautious, judicial frame of mind is required when a court is faced with the possibility of overruling prior decisions. We should not be quick to overrule long-standing precedent, especially where we are construing our constitution. State v. Naftalin, 246 Minn. 181, 210-11, 74 N.W.2d 249, 267-68 (1956). We can overrule a previous decision only when there is good reason to do so. Id., 74 N.W.2d at 267. Only if we are convinced that the prior decision is erroneous should we not let that decision stand. Trustees of Hamline Univ. v. Peacock, 217 Minn. 399, 411, 14 N.W.2d 773, 779 (1944). These principles should be closely adhered to, especially in the instant case which involves a fundamental right explicitly protected by the Minnesota Constitution.

II.

In 1869, just 12 years after the people adopted the Minnesota Constitution, this court interpreted the word "jury" as meaning "a body of twelve persons." Everett, 14 Minn. at 444 (Gil at 331) (emphasis in original). Although the origins of the number 12 may be lost in history, there is no doubt that this number was considered an essential element of a jury and was incorporated into our inviolate constitutional right of trial by jury. In addressing the meaning of "trial by jury," we have stated:

The expression "trial by jury" is as old as Magna Charta, and has obtained a definite historical meaning, which is well understood by all English-speaking peoples; and, for that reason, no American constitution has ever assumed to define it. We are therefore relegated to the history of the common law to ascertain its meaning.

The essential and substantive attributes or elements of jury trial are and always have been number, impartiality, and unanimity. The jury must consist of 12; they must be impartial and indifferent between the parties; and their verdict must be unanimous.

Lommen v. Minneapolis Gaslight Co., 65 Minn. 196, 209, 68 N.W. 53, 55 (1896). See also State v. Rosenberg, 155 Minn. 37, 38, 192 N.W. 194, 194 (1923) (essential elements of a jury include number, impartiality, and unanimity).

As an "essential and substantive" attribute of a jury, the number 12 is implicit in the term "jury" as found in the Minnesota Constitution and is not subject to change except by constitutional amendment. Indeed, a review of the history of another essential element, unanimity, demonstrates as much. In 1890, article I, section 4 of the Minnesota Constitution was amended to authorize the legislature to permit verdicts agreed upon by only five-sixths of the jury in civil actions. See 1891 Minn.Laws 17. Thus, it was necessary to amend the Minnesota Constitution in order to grant the legislature authority to tamper with the essential element of unanimity. It should be no different today with respect to another essential element, the number 12. Absent a constitutional amendment, the legislature has no authority to tamper with the number 12 as an essential element of the jury.

We point out that, in our view, this case would never have arisen in Minnesota in the face of such clearly established precedent were it not for the United States Supreme Court case of Williams v. Florida, 399 U.S. 78, 90 S.Ct. 1893, 26 L.Ed.2d 446 (1970). That case held that the United States Constitution does not require the individual states to provide 12-person juries in certain non-capital criminal offenses. While the rationale of Williams has been the subject of criticism in legal commentary, see, e.g., Note, The Effect of Jury Size on the Probability of Conviction: An Evaluation of Williams v. Florida, 22 Case W.Res.L.Rev. 529 (1971); Comment, Defendant's Right to a Jury Trial--Is Six Enough?, 59 Ky.L.J. 996 (1971), we will not dwell at length on that opinion because the court has spoken.

Following Williams, our legislature adopted a Minnesota statute which allows a six-person jury in misdemeanor cases. That statute is now incorporated in Minn.Stat. Sec. 593.01, subd. 1 (1986). That statute was passed in spite of decisions of this court dating as far back as 1869 holding that a jury under the Minnesota Constitution contains three essential elements: 12 in number, impartiality and unanimity in its decision. ¹

Regardless of the Williams case result, the fact is that the United States Supreme Court has delegated to the states the authority to determine what number constitutes a jury for trial of criminal cases under the state's own constitution and statutes. We thus decide this case exclusively under the provisions of our own Minnesota Constitution.

It is important to remember that we sit today in our role as the highest court of the State of Minnesota interpreting our own constitution, framed and ratified by the people of this state. While a decision of the United States Supreme Court interpreting an identical provision of the federal Constitution may be persuasive, it should not be automatically followed or our separate constitution will be of little value. We may be required to interpret our own constitution more stringently than the federal Constitution, but we certainly do not do so lightly. State v. Gray, 413 N.W.2d 107, 111 (Minn.1987). However, we must remain independently responsible for safeguarding the rights of our own citizens and for insuring that the intent of the people of Minnesota in adopting our constitution is continued forward. In our view, the conclusion of the United States Supreme Court in Williams v. Florida, 399 U.S. 78, 90 S.Ct. 1893, 26 L.Ed.2d 446 (1970), that the sixth amendment to the federal Constitution does not mandate 12-person juries, is of little relevance here today. ²

We are convinced that, when Minnesota adopted its constitution in 1857, the drafters assumed that a jury meant a body of 12 persons. This court affirmed that belief as early as 1869. Everett, 14 Minn. 439 (Gil 330). Thus, although our constitution does not specifically spell out the number required to constitute a jury, this court has done so in its decision in Everett. Therefore, a 12-person jury is written into the constitution by decision of this court as if it were expressly stated in the original constitution itself.

III.

The question then becomes whether, since the legislature has decided that a six-person jury should be used in certain misdemeanor cases for either economical or public policy reasons, we should overrule our previous decision and, in effect, allow our constitution to be amended by statute and by judicial decision. We decline to overrule over 700 years of English common law history since the 12-person jury became established at the end of the reign of Henry II in the 12th century. We also decline to overrule our own decisions dating back to 1869 and defining what constitutes a jury under the Minnesota Constitution.

When the makers of our constit...