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, the current jury system in Louisiana is not adequately structured to facilitate jury trials for these misdemeanor offenses.

The resolution highlights the existence of over 120 Duncan misdemeanors within the Louisiana Revised Statutes and emphasizes the importance of consistent penalty ranges for misdemeanors to protect defendants from severe penalties for minor offenses. It calls for the Louisiana State Law Institute to conduct a thorough review of these misdemeanors and submit a report to the legislature, ensuring that the legal framework aligns with due process and the rights of defendants.