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 and are found throughout the Louisiana Revised Statutes. Following the U.S. Supreme Court's ruling in Duncan v. Louisiana, Louisiana 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 importance of ensuring that misdemeanors have consistent penalty ranges to protect defendants from severe penalties for minor offenses and to allow district attorneys to prosecute these cases within due process safeguards. The Louisiana State Law Institute is requested to conduct this review and report its findings, with copies of the report to be submitted to the David R. Poynter Legislative Research Library.