The resolution urges the Louisiana State Law Institute to review specific misdemeanors, referred to as "Duncan misdemeanors," which are defined by the penalties they carry under Louisiana law. Following the U.S. Supreme Court's ruling in Duncan v. Louisiana, the state amended its laws to grant defendants the right to a jury trial for misdemeanors that could result in penalties exceeding six months of imprisonment or fines over one thousand dollars. Despite this legal framework, the current jury system in Louisiana is not adequately structured to facilitate jury trials for these misdemeanor offenses.

The resolution highlights the importance of ensuring that misdemeanor penalties are consistent and fair, allowing for due process in prosecutions. It calls for the Louisiana State Law Institute to conduct a thorough review of the over one hundred twenty Duncan misdemeanors present in the Louisiana Revised Statutes. The findings from this review are to be submitted in both print and electronic formats to the David R. Poynter Legislative Research Library, ensuring that the legislature is informed of any necessary changes or recommendations regarding these offenses.