## Facts

- Johnny Williams was charged with robbery in Florida and received a life sentence after conviction.
- Florida procedure required a defendant intending to rely on an alibi to give pretrial notice of the alibi, including the location and the names and addresses of alibi witnesses; the State had to disclose rebuttal witnesses.
- Williams moved to be excused from the notice-of-alibi requirement, arguing it compelled self-incrimination in violation of the Fifth and Fourteenth Amendments; the trial court denied the motion.
- Williams also sought a 12-person jury; Florida law provided a 6-person jury in noncapital cases, and the trial court denied the request.
- Williams complied with the alibi rule and identified an alibi witness; she, Williams, and his wife testified that he was elsewhere at the time of the robbery.
- The prosecution used the alibi witness’s pretrial statements to impeach her at trial.
- A 6-person jury convicted Williams; the intermediate appellate court affirmed, and the Supreme Court reviewed.

## Issues

1. Whether a reciprocal notice-of-alibi rule violates the Fifth Amendment privilege against self-incrimination as applied to the States through the Fourteenth Amendment.
2. Whether the Sixth Amendment jury-trial guarantee requires a 12-member jury, making a 6-person jury in a noncapital case unconstitutional.

## Decision

- The Supreme Court affirmed.
- The Court held that Florida’s reciprocal notice-of-alibi rule did not violate the Fifth Amendment as applied through the Fourteenth Amendment.
- The Court held that the Sixth Amendment does not fix the jury at 12 members and permits 6-person juries in state noncapital criminal trials.

## Legal Principles

- A State may require a defendant to provide pretrial notice of an intended alibi defense, including witness information, when the rule provides reciprocal disclosure of the prosecution’s rebuttal witnesses.
- Such a notice-of-alibi regime is treated as limited pretrial discovery that alters the timing of disclosure of a defense the defendant elects to present, rather than compelling testimonial self-accusation.
- The Sixth Amendment right to a jury trial does not constitutionalize the common-law number of twelve; jury size is evaluated by whether the jury retains its essential functions.
- Absent a showing that a smaller jury undermines the jury’s role as a check on governmental power and as a vehicle for community participation and deliberation, a 6-person jury in a noncapital case is constitutionally permissible.

## Conclusion

The Court upheld Florida’s reciprocal notice-of-alibi procedure against a self-incrimination challenge and concluded that the Constitution does not require 12-member juries in state noncapital criminal cases, allowing 6-person juries when the jury-trial guarantee’s essential functions remain intact.


Williams v. Florida, 399 U.S. 78 (1970)