Twelve Angry MenBy: Reginald Rose

DiscussionWhat is a jury?How is it chosen?What responsibility does an

individual have to accept jury duty?How could past experience bias a

jury member?What if someone lied to get on a

jury?Why does the jury system work?

Selection of a Jury1

A large group of citizens are called to appear before the court for jury duty (usually receiving a letter in the mail)

Each province and state (both Canada and USA) has its own qualifications for those who may be eligible to serve on a jury

Universally, jurors must be:◦ citizens of that nation

◦ be local residents (i.e. an Ontario resident will most likely not be called out to P.E.I. for jury duty)

◦ of majority age,

◦ of approved integrity (others must vouch for the “character” of that individual)

Both the prosecution and the defense examine the jurors to determine whether cause for challenge in any particular case exists

There are many disqualifications and exemptions from being a juror, which you will explore in an activity shortly

1http://moscow.usembassy.gov/root/pdfs/twelve-angry-men.pdf

Function of a Jury1

Whether evidence is properly admissible or not (allowed or not) is a question for the court, but the weight and credibility of that evidence is determined by the jury

After the evidence has been presented, the two counsels, first the prosecution then the defense, “sum up” their arguments in a manner that is favourable to their own side

The judge makes a charge to the jury about the rules of law applicable in that particular case and sends them off to deliberate

Juries deliberate (consider and talk out the facts, arguments, testimony, evidence) until they reach an agreement (unanimous in criminal trial) and return to the court with a verdict as to the guilt or innocence of the defendant

1http://moscow.usembassy.gov/root/pdfs/twelve-angry-men.pdf

Law of Evidence1

Burden of Proof◦Burden of producing evidence

beyond all reasonable doubt (persuading the jury to believe) rests with the prosecution to prove guilt

Relevance◦Evidence is relevant when it has a

tendency to prove or disprove disputed facts i.e. eyewitness testimony is relevant

because it can prove an event happened1http://moscow.usembassy.gov/root/pdfs/twelve-angry-men.pdf

Law of Evidence1 cont’d

Hearsay◦Statements made outside of court by

someone who is not present to testify under oath at trial One reason for excluding this evidence is

because cross-examination can’t occur, which is the opportunity for one side to ask questions to that witness in hopes of refuting his/her information/credibility

1http://moscow.usembassy.gov/root/pdfs/twelve-angry-men.pdf

Law of Evidence1 cont’d

Witnesses◦Nearly all persons with knowledge

relevant to the case can testify◦Expert witnesses can also be called

on, which are experts in their field of work and can interpret findings, examine situations, forensics, etc. i.e. psychologist, medical doctor, coroner

1http://moscow.usembassy.gov/root/pdfs/twelve-angry-men.pdf

Courtroom Terminology in Play“murder in the first degree”

◦ the killing of a human being with deliberate and premeditated intent

“beyond a reasonable doubt”◦all jurors in a criminal trial must agree that

there is no doubt or no reasonable doubt about a defendant’s guilt before they can convict him of the crime in which he has been accused

“foreman of the jury”◦ juror chosen to lead the jury in discussion, ask

questions, and sometimes read the verdict

About the PlayThe play deals with the sensitive

issues of prejudice and racism, relying heavily on the portrayal of stereotypes

You must be alerted to the fact that the views of the jurors, as improper as they are (mid 20th Century), did influence the jury system/decisions for many years

This controversy emphasizes the play’s important theme of justice prevailing, even if one person stands up for what is right

The Jury SystemJury: a panel of citizens from the

communityJury members are required to be

fair and impartialTypically, 12 jurors are chosen for

criminal casesJurors are required to reach a

unanimous decision regarding the outcome of the case

The PlayWritten and published after the

author served on the jury of a murder trial in New York City

Originally written as a television showWritten to allow the audience to

experience the part of a trial that is typically not witnessed

twelve jurors discuss the guilt or innocence of a 19-year-old boy accused of killing his father

Setting the StageThe Charge to the Jury: Responsibility