Gary Duncan flew the first time he ever left Louisiana and took a flight to fly to the U.S. Supreme Court. He was there to appeal in Duncan v. Louisiana (391 U.S. 145 1968), the case that established the Sixth Amendment’s right for each state to a jury trial. Duncan, a Black man living in rural Plaquemines Parish in Louisiana, was arrested after touching the elbow of a white boy outside of a newly desegregated school. His request for a jury trial was denied by the Louisiana courts. According to the Louisiana Constitution jury trials are only allowed in cases that the defendant faces capital punishment or imprisonment with hard labor.
The Martin Luther King, Jr. Research and Education Institute presented A crime on the Bayou earlier this month. This documentary follows Duncan’s story and its importance within the larger civil rights movement. Pamela Karlan was the Kenneth and Harle Montgomery Professors of Public Interest Law at Stanford. She gave opening remarks about the case’s legal context. Gary Duncan, the appellant and Lolis Erik Elie (an award-winning writer, son of Lolis Edward Elie in New Orleans), joined Lolis Eric Elie for a virtual question and answer. Along with the Center for Racial Justice at Stanford, the Center for the Comparative Study of Race and Ethnicity and the Stanford Department of Art & Art History sponsored the event.
Karlan explained before the screening that Duncan’s was just one of a series of cases in which the Supreme Court included various liberties guaranteed under the Bill of Rights, such as freedom of speech or protection from unlawful searches and seizures–against states under the Due Process Clause of the 14th Amendment. The civil rights movement’s central concern about racial justice was also addressed by the Warren Court in the 1960s.
Duncan recalls his mother’s warning that trouble was easy to get into, but difficult to escape for young Black men living in Louisiana. She was correct. Duncan attempted to calm down an interaction between Duncan and two young black brothers, one month after federally mandated school integration in Plaquemines parish.
Duncan gently placed his hand on the elbow of a white boy. Duncan was arrested that night on a simple battery charge. Since the maximum sentence for this charge was two years, he had no right of a jury trial.
Duncan was forced into a legal system that was being controlled by Leander Perez, a white supremacist millionaire. Richard Sobol, Duncan’s attorney, stated that Perez had been a tireless opponent of desegregation and had constructed a temporary prison on an alligator infested island to house “outside agitators” who were involved in civil rights movements. Duncan refused to be intimidated and pleaded not guilty. Elie stated that he could have avoided lengthy jail time had pleaded guilty but that he didn’t. It’s unlikely that one hundred people would make such a choice. He is a man of steel who respects his rights.”
The long court battle ended in the U.S. Supreme Court. The Court ruled that the Sixth Amendment’s guarantee that criminal cases would be tried by jury was “fundamental to America’s scheme of justice”, and that this right should apply in both state and federal courts. The court dismissed the case on remand finding that Duncan’s crime was being aggressively prosecuted for harassment purposes and to discourage Black participation in civil rights movements.
Karlan stressed the importance of Duncan’s legal victory and not being viewed as an isolated event. The case’s issues of racial justice, fundamental fairness, and other legal issues are important historical events in U.S. law history. However, they are not to be viewed in isolation. Duncan (pictured below, right) said that he believed he would have lost if his case had been dismissed by District Court. Instead, he was going before a probable all-white Plaquemines Parish juror. He said that pleading innocent would have been “a waste of time.”
Duncan reflected on his life and Plaquemines Parish’s community since the verdict. He said that he thinks conditions have improved somewhat, but not enough. This highlighted the need for more Black representation and better job opportunities for Black Americans. The event was ended by Duncan pleading with the lawyers present: “Step up to your plate.” There is still a mountain to climb.
Crime on the Bayou can be streamed via Hulu (with an Starz add-on), or rented through Amazon Prime.