Within the context of the United States, the purpose of juror selection is quite clear-- assemble a collection of six or twelve individuals who have, to some extent, proven themselves capable of arriving at a fair and unbiased verdict based upon the evidence presented. It is the expectation of the courts, and indeed of the general public, that this standard will be met most of the time, for there is a belief that without this cornerstone of the American justice system, the whole structure could collapse. That established, what does the assembly of such a group entail? Further, if this assembly process is recognized as a ritual rather than as a “technological routine” by whom and what should the ritual’s success be determined? It has become clear to me that although there may be strong consensus on the purpose of jury selection, it’s execution, and the judgment of its outcomes looks vastly different depending on the perspective from which it is viewed. This can be observed in the different ways actors speak and perform in relation to one another, both within the ritual space and in retrospection. The way in which these differences present themselves in the language and performances of different actors within the courtroom space has considerable implications for the outsider’s evaluation of the process’ efficacy as ritual. Within the juror selection process there is not only a prescribed genre of speech, but also prescribed participant roles. Noting the ways in which this
These statements display that the 8th Juror, as an individual, know exactly what he has to do as a jury member and is also honest, moral and trustworthy enough to lead the other jurors. For that reason, we observer the 8th Juror stepping forward to become a ‘saviour’ of the jury system.
In “The Adversary Judge” Frankel explains how realities of the trial create a “role conflict” between the ideally constructed impartial judge and the realistic adversary judge (Frankel, 1976). Throughout their day people play many roles, these roles are based on the expectations of the people around them and the personality of the person (Frankel, 1976). In particular, judges are expected to play the role of neutrality, intelligence, and patience. Their role is thought to be similar of an “umpire” (Frankel, 1976). It is necessary for them to be objective in order for a just and fair trial to take place. Yet, this ideal role does not occur under the pressure of realities. One reality that pushes away the idea of an “umpire” judge is the heated emotions that occur throughout the trial process. Frankel states” the courtroom explodes as people spring up at several tables shouting objections, usually loudly because they are in some haste and heat to cut off forbidden answers” (Frankel, 1976, p. 472). The attorney’s main goals throughout the trail is to ensure a win for their client leading to competitiveness between both parties. Attorneys do not want to hear they are wrong and always need to be one step ahead of their competitors. This causes the commotion and tense emotions that is usually seen in courts.
The movie “12 Angry Men” examines the dynamics at play in a United States jury room in the 1950’s. It revolves around the opinions and mindsets of twelve diverse characters that are tasked with pronouncing the guilt or innocence of a young man accused of patricide. The extraordinary element is that their finding will determine his life or death. This play was made into a movie in 1957, produced by Henry Fonda who played the lead role, Juror #8, and Reginald Rose who wrote the original screenplay. This essay will explore some of the critical thinking elements found within the context of this movie, and will show that rational reason and logic when used effectively can overcome the mostly ineffective rush to judgment that can be prevalent in
The jurors are transformed by the process of deliberating. Eleven men voted guilty because of their prejudices, fears, laziness and insecurities, but they are eventually persuaded by reason to give up these limiting beliefs, to see the potential in the facts, and to find justice. The critical turning points in the jury votes occur, not when there is passion and anger, but when there is reasoned discussion, as the rational Juror 8 triumphs over the prejudices of his fellow jurors. The facts of the case do not change, but the jurors come to see the facts differently, and change by the process they go through. Despite the hostility and tension created in this process, the twelve men end up reconciled, and justice is done.
The film “12 Angry Men” gives the audience insight as to how jury deliberations work. The film follows 12 jurors throughout the process of finding the defendant’s sentencing. The jury is overseeing a case surrounding a young boy who is charged with the murder of his father. It was interesting to see the process of this paired with the way each character’s vote had an effect on each of the other juror’s decisions. The film “12 Angry Men” portrays a realistic fluctuation of stances in a room of jurors as a whole and individually based upon the prior experiences and ethics of each juror.
The current jury system is based on an almost millennium-old principle found in the Magna Carta (1215). As a result of changes in society since, the system must be seen as potentially outdated. In other words, it may not satisfy the needs of modern society, judged by what the major stakeholders of the criminal justice system expect. Indeed, there are substantial flaws in current jury systems in terms of effectiveness. The two major concerns with jury systems are their representativeness and their levels of competence. The representativeness of juries is essential as their reason for existing is to represent the views of society. Having twelve jurors could be understood to ensure representativeness and eliminate room for bias. However, this does not remove the possibility of juries being biased towards parties. Even if the potential jurors contacted are representative in terms of gender, ethnicity, age and socioeconomic status and though jury duty is a compulsory engagement, 90% of Queenslanders opt out of it. This makes it very likely that juries will not be representative. One example is ethnic diversity. There is likely to be less ethnic diversity in courts because ethnic minorities might not have sufficient language ability or access to interpreters to be jurors. Another example is age. It is likely that retired people
In the drama “Twelve Angry Men’’ by Reginald Rose, there are twelve juror’s debating their opinions on a murder case. Even though all jurors were present during court and heard the same thing each of them has their own presupposition on democracy by which they portray using various phrases and actions. Throughout the drama the jurors debate and rebuttal opinions on the case.
Reginald Rose’s text, Twelve Angry Men, follows the jury deliberation of a small murder case, with a cast of twelve jury men discussing the evidence presented in court to decide whether the defendant is innocent or guilty. Over the course of the play, led primarily by moral compass jury number 8, the verdict is changed from eleven to one to acquittal, as the men are persuaded and subject to constant distractions, prejudice, bullying, and discussions of unreliable witness testimonies and lawyers, thus exploring issues about the validity of the justice system in magnitude.
During the New York summer of 1957 the play Twelve Angry Men is set in a small humid jury room. The playwright Reginald Rose through this play questions the reliability of current jury system. The jurors are instructed by the judge “to deliberate honestly ant thoughtfully”, as a result some take this instruction more seriously than others. A number of the jurors are able to take a logical stance, whilst other becomes emotionally involved in the issue. Uncertainty plays a vital role in creating doubt in the jurors minds. The contrasting perspectives of Juror 3 and Juror 8 make this very clear. Demonstrating quite evidently that despite the minority most are able to deliberate genuinely and with close considerations to the details of the trial.
In his article, published in one of the most widely read legal publications worldwide, Robert G. Johnston addresses the dissatisfaction with the Grand Jury. He elaborates on the reasons of this dissatisfaction with the Grand Jury, how the courts reacted to this retrogression and like Anna Offit’s article, gives suggestions on how to best improve people’s view on the Grand Jury and why a jury can be of use to the courts.
The criminal trial process is an interesting process that takes place in Courtrooms all across the United States and throughout the globe. This study intends to set out the various steps in the criminal trial process in the American justice system. A trial is described as a "legal forum for resolving individual disputes, and in the case of a criminal charge, it is a means for establishing whether an accused person is legally guilty of an offense. The trial process varies with respect to whether the matter at issue is civil in nature or criminal. In either case, a jury acts as a fact-finding body for the court in assessing information and evidence that is presented by the respective parties in a case. A judge presides over the court and addresses all the legal issues that arise during the trial. A judge also instructs the jury how to apply the facts to the laws that will govern in a given case." (3rd Judicial District, 2012)
Several pairs of eyes trail the prosecutor as he puts forth his reasons as to why the defendant should be guilty. Several pairs of ears listen intently in a trance like mode, also cautious of every detail. The prosecutor presents the facts with great gusto, painting a picture of the defendant in a bad light. Once he is done, the defendant’s lawyer takes the stage and he too, with great effort, puts forth reasons as to why his client is innocent. In the end, when everything is said and done and it time for the verdict, only one voice answers to the court clerk out of the 12 men and women. These 12 people are the jurymen and they play an equally important role as the lawyers and judges of a court trial. In fact, a jury is the sole decider, based
A 1950’s play, ‘Twelve Angry Men’ written by Reginald Rose is set on a very hot afternoon, entirely in one room and is based on a story of a jury who have to come together to determine the fate of a 16-year-old boy, accused to have murdered his own father. As the men argue endlessly over the evidence, the fundamental ideas of achieving a just verdict becomes clear. Rose creates drama and tension in the jury room, clearly discovering the quality in which integrity is essential to be a member of a jury. This aspect of integrity has been shown through the three characters of Juror 8, Juror 9 and Juror 3. From the very start, Juror 8 announced his perspective of the case and continued to pursue with the same ‘not guilty’ thought throughout the
In the final stage of this study, students continued responding to each other in their dialogic discourse, but in this phase they focused their efforts on writing their jury report/collaborative essay. Lindfors believes humans work best in “collaboration” with others (Lindfors, p. 53). She references Vygotsy’s “zone of proximal development,” which she defines as “the area where a [person] can function with the help of a more competent partner,” a place “neither totally beyond the [person’s] reach nor completely within her grasp” (Lindfors, referencing Vygotsky, p. 53). Therefore, with Lindfors and Vygotsky in mind, Sally selected jury members based on writing ability, assigning one excellent writer, one average writer, and one struggling writer to each three-person jury. She designated this assignment as an in-class essay because
The different roles the 12-jury men play in the deliberation of the capital murder case is prominent. Firstly, a role can be defined as a set of expected behaviour patterns attributed to someone occupying a given position in a social unit. Different groups enforce different role requirements on individuals namely; role expectation, role perception