Twelve Angry Men By: Reginald Rose

Discussion What 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 Jury 1 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.pdfhttp://moscow.usembassy.gov/root/pdfs/twelve-angry-men.pdf

Function of a Jury 1 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.pdfhttp://moscow.usembassy.gov/root/pdfs/twelve-angry-men.pdf

Law of Evidence 1 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 happened 1http://moscow.usembassy.gov/root/pdfs/twelve-angry-men.pdfhttp://moscow.usembassy.gov/root/pdfs/twelve-angry-men.pdf

Law of Evidence 1 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.pdfhttp://moscow.usembassy.gov/root/pdfs/twelve-angry-men.pdf

Law of Evidence 1 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.pdfhttp://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 Play The 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 20 th 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 System Jury: a panel of citizens from the community Jury members are required to be fair and impartial Typically, 12 jurors are chosen for criminal cases Jurors are required to reach a unanimous decision regarding the outcome of the case

The Play Written and published after the author served on the jury of a murder trial in New York City Originally written as a television show Written 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 Stage The Charge to the Jury: Responsibility