The resolution urges the Louisiana State Law Institute to review specific misdemeanors, referred to as "Duncan misdemeanors," which are defined by the penalties outlined in the Louisiana Revised Statutes. Following the 1968 U.S. Supreme Court ruling in Duncan v. Louisiana, Louisiana amended its Code of Criminal Procedure to grant defendants the right to a jury trial for misdemeanors that carry penalties exceeding six months of imprisonment or fines over one thousand dollars. Despite this amendment, the current jury system in Louisiana does not effectively accommodate 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 legislative research library, ensuring that the findings are documented and accessible for future legislative considerations.