Duke v. United States

Background

A defendant was prosecuted by information under Section 137 of the federal Criminal Code for sending written communications meant to influence a juror. Section 137, quoted in the case, allows a fine up to $1,000 or up to six months’ imprisonment, or both. The prosecution was brought by the United States Attorney, the defendant was convicted, and the lower court—divided on the law—sent two certified questions to this Court about whether certain misdemeanors may be tried by information.

Reasoning

The Court examined whether a 1930 amendment to Section 335, which created a narrow class called “petty offenses” (penalties up to six months in a common jail without hard labor or fines up to $500) and said those petty offenses may be prosecuted by information, meant to restrict information prosecutions to that narrow group. The Court concluded the proviso created a subgroup but did not repeal the older, well‑settled rule that misdemeanors not involving infamous punishment can be prosecuted by information. The opinion noted the proviso’s words were likely meant to supplement other pending legislation and that nothing in the amendment expressly or reasonably implied a narrower rule. Applying that understanding, the Court held the juror‑influence crime charged under Section 137 was a misdemeanor not involving infamous punishment and thus could be prosecuted by information.

Real world impact

The decision affirms that federal prosecutors may use informations for many non‑infamous misdemeanors even when statutory penalties exceed $500 or six months. It specifically allows charges under Section 137 to proceed by information and preserves established charging practices for a large number of misdemeanors in the Criminal Code.