BTLEW Lesson 5 – Twelve Angry Men (Part One) Part Two ENTER

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Lesson 5 – Twelve Angry Men (Part One)

Part TwoPart Two

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I. American Court System

II. Jury System & Jurors

III. Jury Procedure

IV. Civil Case vs. Criminal Case

V. Criminal Court

VI. Trial Pattern: Key Words

Background Background InformationInformation

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The accused is deemed innocent until and The accused is deemed innocent until and

unless proved “guilty beyond a reasonable unless proved “guilty beyond a reasonable

doubt”;doubt”; The burden of proof is on the prosecutor;The burden of proof is on the prosecutor; In most cases, the verdict has to be In most cases, the verdict has to be

unanimously reached. The majority of a jury is unanimously reached. The majority of a jury is not sufficient to find a defendant guilty of a not sufficient to find a defendant guilty of a felony;felony;

A trial does not aim at discovering who A trial does not aim at discovering who committed a particular crime, but rather the committed a particular crime, but rather the innocence or guilt of the accused;innocence or guilt of the accused;

The system is valuable, but not infallible and The system is valuable, but not infallible and can be quite precarious.can be quite precarious.

The end of American Court System.

I.I. American Court SystemAmerican Court System

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Who can be a jury member?

II. Jury System & II. Jury System & JurorsJurors

To be continued on the next page.

A jury is made up of 12 adults.A jury is made up of 12 adults.

The jury is chosen at random from the local Electoral The jury is chosen at random from the local Electoral Register. Register.

Jury service is usually compulsory, however there are Jury service is usually compulsory, however there are certain categories of people who can't be selected certain categories of people who can't be selected including: Judges, Magistrates, Solicitors, Barristers, including: Judges, Magistrates, Solicitors, Barristers, Ministers of religion, Prisoners, MPs, Members of the armed Ministers of religion, Prisoners, MPs, Members of the armed forces, Members of the medical profession, Police and forces, Members of the medical profession, Police and probation officers, Anyone on bail or who has been on probation officers, Anyone on bail or who has been on probation within the last five years, Anyone sentenced to probation within the last five years, Anyone sentenced to prison, detention centre, youth custody or community prison, detention centre, youth custody or community service within the last 10 years.service within the last 10 years.

One may be excused from Jury service if there is a strong One may be excused from Jury service if there is a strong reason why you are unable to serve, such as exams or a reason why you are unable to serve, such as exams or a pre-booked holiday. pre-booked holiday.

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Once you are a juror you may only discuss the trial in the Once you are a juror you may only discuss the trial in the jury room when all the jury are present. You must not jury room when all the jury are present. You must not talk about the trial to anyone who is not a member of talk about the trial to anyone who is not a member of your jury. your jury. It is an offence for anyone outside your jury to try to It is an offence for anyone outside your jury to try to influence you about the case. If anyone approaches you influence you about the case. If anyone approaches you about the case tell a court official or police officer at about the case tell a court official or police officer at once. once. It is an offence for anyone to impersonate a juror and to It is an offence for anyone to impersonate a juror and to serve on his or her behalf. serve on his or her behalf.



How long does jury service last for?How long does jury service last for?It lasts for around two weeks, however, if at the end of It lasts for around two weeks, however, if at the end of this time the trial is still going, you may be asked if you this time the trial is still going, you may be asked if you are able to stay on. You can be a juror for more than one are able to stay on. You can be a juror for more than one trial during your jury service. trial during your jury service.

Who can I talk to about the trial? Who can I talk to about the trial?

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First, the court clerk selects anywhere from 15 to 35 prospectFirst, the court clerk selects anywhere from 15 to 35 prospective jurors at random from the larger jury pool. This smaller grive jurors at random from the larger jury pool. This smaller group of potential jurors is seated in a courtroom. Then the judoup of potential jurors is seated in a courtroom. Then the judge’s clerk or bailiff places each person’s name on a separage’s clerk or bailiff places each person’s name on a separate slip of paper. All of these slips are then placed in a box. The te slip of paper. All of these slips are then placed in a box. The clerk shakes the box vigorously to ensure a completely randoclerk shakes the box vigorously to ensure a completely random selection of names. After the slips are mixed the clerk begim selection of names. After the slips are mixed the clerk begins drawing names one at a time from the box. When an approns drawing names one at a time from the box. When an appropriate number of names have been drawn and called, those ppriate number of names have been drawn and called, those potential jurors take an oath. This begins the most important sotential jurors take an oath. This begins the most important step in jury selection, which is called “voir dire”.tep in jury selection, which is called “voir dire”.

How are jurors selected for a particular trial?How are jurors selected for a particular trial?

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II.II. Jury System & Jury System & JurorsJurors

Discuss in groups.


“ “ Voir dire” is a French term that means “to speak the truVoir dire” is a French term that means “to speak the truth”. In jury selection, voir dire refers to the procedure for seth”. In jury selection, voir dire refers to the procedure for selecting a panel of jurors by asking them questions. Voir dire lecting a panel of jurors by asking them questions. Voir dire usually begins when the judge or the lawyers briefly explain usually begins when the judge or the lawyers briefly explain the general nature of the case to be tried, along with the nathe general nature of the case to be tried, along with the names of the lawyers and parties involved in the case. The promes of the lawyers and parties involved in the case. The prospective jurors are then given an oath to truthfully answer aspective jurors are then given an oath to truthfully answer any questions they may be asked. The judge may start by askiny questions they may be asked. The judge may start by asking a few general questions. The judge usually asks whether ng a few general questions. The judge usually asks whether anyone is acquainted with any of the people involved in the anyone is acquainted with any of the people involved in the lawsuit and whether anyone has any knowledge of the lawslawsuit and whether anyone has any knowledge of the lawsuit. The lawyers for the parties then take turns asking questiuit. The lawyers for the parties then take turns asking questions.ons.

What is “voir dire”?What is “voir dire”?

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II.II. Jury System & Jury System & JurorsJurors

The term “actual bias” means the juror has a state of The term “actual bias” means the juror has a state of mind that would interfere with his or her ability to try mind that would interfere with his or her ability to try the issue impartially and without prejudice to the the issue impartially and without prejudice to the substantial rights of a party. The state of mind may substantial rights of a party. The state of mind may exist concerning the action, a party to the action, the exist concerning the action, a party to the action, the sex of a party, the party’s attorney, a victim, a sex of a party, the party’s attorney, a victim, a witness or a racial or ethnic group. Where a juror has witness or a racial or ethnic group. Where a juror has an opinion upon the merits of the case, perhaps from an opinion upon the merits of the case, perhaps from what he or she may have heard or read, that opinion what he or she may have heard or read, that opinion will constitute “actual bias” only when all of the will constitute “actual bias” only when all of the circumstances indicate that the juror cannot circumstances indicate that the juror cannot disregard his or her own opinion and try the issue disregard his or her own opinion and try the issue impartially.impartially.


What does “actual bias” mean? Can’t a juror What does “actual bias” mean? Can’t a juror have any opinions?have any opinions?

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II. II. Jury System & Jury System & JurorsJurors

What are my duties as a juror?What are my duties as a juror?

Your duty as a juror is to weigh all of the evidence Your duty as a juror is to weigh all of the evidence and testimony presented to you and to decide the and testimony presented to you and to decide the outcome of the case based upon the law and the outcome of the case based upon the law and the evidence. Your decision must be fair, impartial evidence. Your decision must be fair, impartial and free of any bias or prejudice. Jury service is and free of any bias or prejudice. Jury service is the basis of our judicial system and is essential to the basis of our judicial system and is essential to the administration of justice.the administration of justice.

Who is entitled to a jury trial?Who is entitled to a jury trial?

Any person charged with a criminal offense or any Any person charged with a criminal offense or any party in a civil case has the right to a trial by jury. party in a civil case has the right to a trial by jury. All parties are equal before the law and each is All parties are equal before the law and each is given the same fair and impartial treatment.given the same fair and impartial treatment.

The end of Jury System & Jurors.

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III. III. Jury Jury ProcedureProcedure


How is evidence presented to the jury?How is evidence presented to the jury?

The plaintiffs in the case call witnesses and questiThe plaintiffs in the case call witnesses and question them. The questioning of a witness by the parton them. The questioning of a witness by the party who called the witness is known as “direct exay who called the witness is known as “direct examination”. Each party has a right to ask questionmination”. Each party has a right to ask questions of the witnesses of the other party. This is called s of the witnesses of the other party. This is called “cross-examination”. Usually the plaintiff first c“cross-examination”. Usually the plaintiff first calls all of his or her witnesses. When a party has calls all of his or her witnesses. When a party has called all the witnesses that he or she wishes at thaalled all the witnesses that he or she wishes at that time, that party rests. Where there is more than t time, that party rests. Where there is more than one plaintiff, the other plaintiff then calls witnessone plaintiff, the other plaintiff then calls witnesses and then likewise rests. es and then likewise rests.

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How is evidence presented to the jury?How is evidence presented to the jury?Then the defendant or defendants may call witnesseThen the defendant or defendants may call witnesses. This continues until all parties have rested. In a cris. This continues until all parties have rested. In a criminal case, the burden of proof is entirely on the prominal case, the burden of proof is entirely on the prosecution and no adverse inference may be drawn if tsecution and no adverse inference may be drawn if the defendant calls no witnesses. After both the plainhe defendant calls no witnesses. After both the plaintiff and the defendant have rested their cases, the pltiff and the defendant have rested their cases, the plaintiff may call witnesses to “rebut” the testimony aintiff may call witnesses to “rebut” the testimony of the defendant’s witnesses if there have been anof the defendant’s witnesses if there have been any. This is called “rebuttal testimony”. The defenday. This is called “rebuttal testimony”. The defendant may then call additional rebuttal witnesses.nt may then call additional rebuttal witnesses.

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III.III. Jury Jury ProcedureProcedure


What happens after all of the evidence is presented?What happens after all of the evidence is presented?

After all of the evidence is presented, the lawyers After all of the evidence is presented, the lawyers make closing arguments. In their closing argumenmake closing arguments. In their closing arguments, the lawyers try to summarize the evidence and ts, the lawyers try to summarize the evidence and persuade the jury to find in favor of their respectivpersuade the jury to find in favor of their respective clients. The judge then gives the “charge”, or ie clients. The judge then gives the “charge”, or instructions, to the jury. In these instructions, the instructions, to the jury. In these instructions, the issues that jurors must decide are defined. When tssues that jurors must decide are defined. When the judge has finished, the jurors retire to the jury rhe judge has finished, the jurors retire to the jury room to deliberate the case.oom to deliberate the case.

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May a juror discuss the trial before deliberation?May a juror discuss the trial before deliberation?

No. While you are a juror, and before you retire to deliberate in the jury room, you should not talk to anyone about the case—not even another juror. Nor should you permit anyone to talk to you about the case. Even friendly chats with the lawyers, parties and witnesses must be avoided. You should not listen to radio or television accounts of the trial or read articles about it in the newspapers. You also should not talk to your friends or to members of your own family about the case while it is pending. If a person persists in talking to you about the trial, or attempts to influence you as a juror, you should report it to the judge immediately.



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How should jurors conduct their deliberations?How should jurors conduct their deliberations?Upon retiring to the jury room to deliberate, the jury selUpon retiring to the jury room to deliberate, the jury selects a presiding juror. It is the presiding juror’s duty to ects a presiding juror. It is the presiding juror’s duty to see that the deliberations are conducted in an orderly fasee that the deliberations are conducted in an orderly fashion and to see that the issues submitted for considerashion and to see that the issues submitted for consideration are fully and fairly discussed. The presiding juror shtion are fully and fairly discussed. The presiding juror should make sure that every juror has a chance to say whaould make sure that every juror has a chance to say what he or she thinks on every question. When ballots need tt he or she thinks on every question. When ballots need to be taken, the presiding juror should see that it is done. o be taken, the presiding juror should see that it is done. The presiding juror should sign any written request madThe presiding juror should sign any written request made of the judge.e of the judge.


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When you deliberate you should weigh the evidence When you deliberate you should weigh the evidence calmly and fairly. Every juror should listen carefully to calmly and fairly. Every juror should listen carefully to the views of the other members of the jury and the views of the other members of the jury and consider them with an open mind. You should not look consider them with an open mind. You should not look up any information in books or dictionaries. You up any information in books or dictionaries. You should not conduct any independent personal should not conduct any independent personal investigation. If you have special knowledge or investigation. If you have special knowledge or information about any of the facts of a particular case, information about any of the facts of a particular case, you should not communicate that information to other you should not communicate that information to other jurors. In deciding a case jurors are expected to bring jurors. In deciding a case jurors are expected to bring to bear all the experience, common sense and to bear all the experience, common sense and common knowledge they possess; but they are not to common knowledge they possess; but they are not to rely on any private source of information. The jury’s rely on any private source of information. The jury’s verdict must be based only on the evidence and on verdict must be based only on the evidence and on the judge’s instructions as to the law. the judge’s instructions as to the law.

How do jurors reach a verdict?How do jurors reach a verdict?



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How is voting conducted by the jurors?How is voting conducted by the jurors?

Your final vote should represent your own opinion. When diYour final vote should represent your own opinion. When differences of opinion arise between jurors, the jurors should fferences of opinion arise between jurors, the jurors should say what they think and why they think it. While you should say what they think and why they think it. While you should not hesitate to change your viewpoint if your opinions channot hesitate to change your viewpoint if your opinions change during deliberation, jurors must not try to force agreemege during deliberation, jurors must not try to force agreement. Jurors should not refuse to listen to the arguments and nt. Jurors should not refuse to listen to the arguments and opinions of others and must not permit any decision to be ropinions of others and must not permit any decision to be reached by chance or the “toss of a coin”.eached by chance or the “toss of a coin”.The number of jurors needed to agree upon a verdict will vaThe number of jurors needed to agree upon a verdict will vary depending upon the number of persons sitting on the pary depending upon the number of persons sitting on the panel, whether it is a civil or a criminal case and the jurisdictionel, whether it is a civil or a criminal case and the jurisdiction of the court. The judge will instruct you about the specific n of the court. The judge will instruct you about the specific number of jurors that must agree upon the verdict.number of jurors that must agree upon the verdict.


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What should a jury do once it has reached a verdict?

Once the jury has reached its verdict, the presiding juror completes and signs the verdict form. The judge will provide instructions explaining the verdict form. Once the verdict form is signed, the presiding juror should inform the bailiff or clerk. The entire jury panel will then re-enter the courtroom and deliver its verdict in open court.

The end of Jury Procedure.

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IV. Civil Case vs. Criminal IV. Civil Case vs. Criminal Case Case

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A civil caseA civil case is one in which a person who feels he or is one in which a person who feels he or she has been wronged brings legal action in order to she has been wronged brings legal action in order to protect his or her interests and, if appropriate, to protect his or her interests and, if appropriate, to collect damages from the person who has wronged collect damages from the person who has wronged him or her. The case is started by the person whose him or her. The case is started by the person whose rights have allegedly been violated. This person is rights have allegedly been violated. This person is known as the plaintiff. The person being sued is known known as the plaintiff. The person being sued is known as the defendant.as the defendant.

People usually sue for an amount of money to make People usually sue for an amount of money to make up for the injury or loss they have suffered. Civil cases up for the injury or loss they have suffered. Civil cases do not result in prison terms. do not result in prison terms. In a civil case, the person In a civil case, the person who feels he or she has been wronged decides who feels he or she has been wronged decides whether or not to bring suit against the defendant. whether or not to bring suit against the defendant.

The person also decides how much money in damages The person also decides how much money in damages to seek. to seek.

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Often the people involved in a civil case come to Often the people involved in a civil case come to an agreement to resolve the matter before the an agreement to resolve the matter before the matter starts in court. This is called matter starts in court. This is called settling out of court. .

Sometimes the case goes to court. If the people Sometimes the case goes to court. If the people involved are not happy with the decision at the involved are not happy with the decision at the trial, they can lodge an appeal with the Court of trial, they can lodge an appeal with the Court of Appeal. The Court of Appeal can change the Appeal. The Court of Appeal can change the decision if they believe that the Judge made an decision if they believe that the Judge made an error in law.error in law.

The person cannot request that the defendant The person cannot request that the defendant go to jail except in unusual cases where the go to jail except in unusual cases where the defendant may have violated a court order.defendant may have violated a court order.

IV. Civil Case vs. Criminal IV. Civil Case vs. Criminal CaseCase

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A criminal caseA criminal case, on the other hand, is one in which the , on the other hand, is one in which the local, State, or Federal Government begins the action in the local, State, or Federal Government begins the action in the name of its citizens. The plaintiff is the government acting name of its citizens. The plaintiff is the government acting on behalf of the people. The case is prosecuted and the on behalf of the people. The case is prosecuted and the plaintiff is represented in court by the State Attorney, plaintiff is represented in court by the State Attorney, Statewide Prosecution, or the U.S. Attorney. The accused, Statewide Prosecution, or the U.S. Attorney. The accused, known as the defendant, is charged with a crime against known as the defendant, is charged with a crime against society—a violation of the laws regulating our conduct, society—a violation of the laws regulating our conduct, such as murder, rape, conspiracy, or robbery. In addition, such as murder, rape, conspiracy, or robbery. In addition, less serious conduct such as driving without a license or less serious conduct such as driving without a license or conducting door to door solicitation without a permit may conducting door to door solicitation without a permit may also violate the criminal laws.also violate the criminal laws.

The person accused of the crime is called the accused or The person accused of the crime is called the accused or the defendant. They might have a barrister or solicitor with the defendant. They might have a barrister or solicitor with them in court, or they may face the court alone.them in court, or they may face the court alone.



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In a criminal case, a prosecutor gives details of In a criminal case, a prosecutor gives details of the offence to the court. The prosecutor can be the offence to the court. The prosecutor can be a police officer or a lawyer from the Office of the a police officer or a lawyer from the Office of the Director of Public Prosecutions. Director of Public Prosecutions.

If the case is being heard in the District or If the case is being heard in the District or Supreme Court, then the prosecutor will be a Supreme Court, then the prosecutor will be a lawyer from the Office of the Director of Public lawyer from the Office of the Director of Public Prosecutions. If the case is being heard in the Prosecutions. If the case is being heard in the Magistrates Court the prosecutor may be a Magistrates Court the prosecutor may be a police officer or a lawyer from the Office of the police officer or a lawyer from the Office of the Director of Public Prosecutions.Director of Public Prosecutions.



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In a civil case, it is up to the plaintiff, the person who has started the lawsuit, to prove his or her case with stronger evidence than the defendant has—that is, by a preponderance of the evidence. In other words, the judge or jury must believe that the weight of the plaintiff's evidence is greater than the weight of the defendant's evidence, if the plaintiff is to win.

In a criminal case, because a person is presumed to be innocent until proven guilty, the prosecution must prove the case beyond a reasonable doubt. This does not mean beyond all possible doubt, but it does mean the court or jury must have an abiding conviction to a moral certainty of the truth of the charge. This is a much heavier burden of proof than there is in a civil case.

IV. Civil Case vs. Criminal Case –IV. Civil Case vs. Criminal Case –DifferencesDifferences

The end of Civil Case vs. Criminal Case.

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V. Criminal CourtV. Criminal CourtCriminal Court hears cases ranging from minor offenses (misdemeanors) such as traffic infractions to serious ones like robbery and murder (felonies). The state or prosecutor makes the charge against someone accused of committing a crime because a crime is considered an act against society. The prosecuting attorney presents the charge against the accused person (defendant) on behalf of the state (plaintiff), and must prove to the judge or jury that the defendant is guilty beyond a reasonable doubt.

In all criminal cases, the defendant is presumed to be innocent. That means he or she may not be convicted unless proved guilty beyond a reasonable doubt.

The end of Criminal Court.

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VI. TrialVI. Trial Pattern: Key Words Pattern: Key WordsBoth felony and misdemeanor cases go to trial only rarely. Most (over 90 percent) are disposed of by defendants' pleas of guilty. Whether the case involves a felony or misdemeanor, the trial follows the same pattern.

First, the district attorney, on behalf of the State of California, files an information (a written charge against a defendant filed in superior court after a preliminary examination) or an indictment (a written accusation presented upon oath by a grand jury that a person has committed a crime).


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VI. TrialVI. Trial Pattern: Key Words Pattern: Key WordsNot-Guilty Plea: When a defendant enters a plea of not

guilty, the case proceeds to trial. The jury is selected, 12 people plus alternate jurors if the trial is expected to be long. At the trial, lawyers on each side of the case may make brief statements (called "opening statements") to the jury, outlining what they expect to prove with the evidence they have.

Presentation of Evidence: Each side then has a turn to present evidence, which can be pictures, objects, documents, or sworn testimony by witnesses. Evidence must have a tendency to prove or disprove the issues in the case. The judge decides if evidence is unreliable based on evidence rules. The evidence rules are intended to ensure that the evidence is reliable.


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VI. TrialVI. Trial Pattern: Key Words Pattern: Key WordsObjections: During a trial, if attorneys on either side feel that a q

uestion asked or evidence offered is improper, they may make objections. The judge may agree or disagree with such objections.

Closing Arguments: After both sides have presented their evidence, each has a chance to present rebuttal, or opposing, evidence. Then both sides of the case give their closing arguments. This is the stage when the attorneys analyze and interpret the evidence that was presented.

Verdict: The judge will instruct the jury on the law that applies to the case. The jury then moves to the jury room to reach a verdict. All 12 jurors must agree on a guilty verdict.

If the jury reaches a guilty verdict in a felony case, the judge will order a probation report and schedule a sentencing hearing for 20 days later. A misdemeanor can be sentenced immediately.

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Sentences: State and local laws define crimes and specify punishment. The maximum sentence for an infraction is a fine; for a misdemeanor it is up to one year in a county jail; and for a felony it is time in a state prison or, for some murders, death. Some counties offer "diversion" programs that allow a judge to order a defendant to get medical treatment or counseling or to do community service work. The diversion program may take the place of a fine or jail sentence in certain types of misdemeanor and felony cases.

VI. TrialVI. Trial Pattern: Key Words Pattern: Key Words

The end of Trial Pattern.

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Part Part TwoTwo

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BTLEW Lesson 5 – Twelve Angry Men (Part One) Part Two ENTER