Jury and Democracy

Aniyah 2022-04-22 07:01:02

The film is very simple, is how a jury decides a murder. First of all, this is not an ordinary murder case. The crime proposed by prosecutors was first-degree murder. If prosecutors charge a "first degree murder" charge, that means:

Sufficient evidence must be presented, not only to prove that the suspect committed the murder, but also to prove that he premeditated the murder. This is because the final verdict of the jury is not "guilty" or "innocent", but "convicted" or "not guilty". If the prosecution makes only one charge, the jury's verdict is called an "all yes or no" verdict. That is, if you are only charged with "first-degree murder" and you can only prove homicide and not conspiracy, the jury will still say, "Not guilty of first-degree murder" if the prosecutor doesn't charge anything else The charges, the only charges were denied again, and the perpetrator could go home. So, it's a very tricky question for prosecutors. If a charge of first-degree murder is filed and the crime is finally convicted, the criminal who killed two lives can get a heavier punishment, for example, the death penalty, or life imprisonment without parole. But at the same time, the stakes for prosecutors are much greater. If the charge of second-degree murder is to accuse him of killing someone out of control in the midst of a quarrel or the like, of course, it is much less stressful for prosecutors to seek "conviction", but it is possible to seek The punishment will be much lighter, not only the sentence is shorter, but also the offender can try to apply for parole after a period of imprisonment. This is obviously unwilling to the prosecutor.
The above content is from:
Anxiety in the depths of history
9.0
Linda / 1997 / Life·Reading·Xinzhi Sanlian Bookstore

So the jury's job is not to prove the murder, but to "prick". If the murder cannot be proven innocent, the charge takes effect. In this way, 12 people voted many times and finally reached a consensus. In the film, there is a lot of discussion about the evidence, which should actually exist in the cross-examination of the court. However, due to the omissions of the prosecution and the defense, the evidence was not properly screened, so there were wonderful performances and discussions in the movie. This is what gives us a glimpse into how the jury system works. In any case, it is necessary to abandon prejudice and consider problems without preconceived ideas. This is the premise of achieving fairness and justice. If we can't do this, what can we talk about democratization?

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Extended Reading

12 Angry Men quotes

  • Juror #8: [after conducting an experiment to see if the old man could have reached his door in 15 seconds] Here's what I think happened: the old man heard the fight between the boy and his father a few hours earlier. Then, when he's lying in his bed, he heard a body hit the floor in the boy's apartment, heard the woman scream from across the street, got to his front door as fast as he could, heard somebody racing down the stairs and *assumed* it was the boy!

    Juror #6: I think that's possible!

    Juror #3: [from the other side of the room] *"Assumed"?*

    [Everyone looks at #3 as he chuckles]

    Juror #3: Brother, I've seen all kinds of dishonesty in my day, but this little display takes the cake. Y'all come in here with your hearts bleedin' all over the floor about slum kids and injustice, you listen to some fairy tales... Suddenly, you start gettin' through to some of these old ladies. Well, you're not getting through to me, I've had enough.

    [starts shouting]

    Juror #3: What's the *matter* with you guys? You all *know* he's guilty! He's *got* to burn! You're letting him slip through our fingers!

    Juror #8: [brow furrowing] "Slip through our fingers"? Are you his executioner?

    Juror #3: I'm one of 'em!

    Juror #8: ...Perhaps you'd like to pull the switch?

    Juror #3: For this kid? You bet I would!

    Juror #8: [baiting him] I feel sorry for you. What it must feel like to want to pull the switch! Ever since you walked into this room, you've been acting like a self-appointed public avenger. You want to see this boy die because you *personally* want it, not because of the facts! You're a sadist!

    [#3 lunges wildly at #8, who holds his ground. Several jurors hold #3 back]

    Juror #3: I'll kill him! I'll - *kill him!*

    Juror #8: [calmly] You don't *really* mean you'll kill me, do you?

  • Juror #8: [taking a cough drop that Juror #2 offered him] There's something else I'd like to talk about for a minute. Thanks. I think we've proved that the old man couldn't have heard the boy say "I'm gonna kill you", but supposing he did...

    Juror #10: [interrupting] You didn't prove it at all. What're you talking about?

    Juror #8: But supposing he really *did* hear it. This phrase, how many times have all of us used it? Probably thousands. "I could kill you for that, darling." "Junior, you do that once more and I'm gonna kill you." "Get in there, Rocky, and kill him!"... See, we say it every day. That doesn't mean we're gonna kill anyone.

    Juror #3: Wait a minute, what are you trying to give us here? The phrase was "I'm gonna kill you"; the kid yelled it at the top of his lungs... Don't tell me he didn't mean it! Anybody says a thing like that the way he said it, they mean it!

    Juror #2: Well, gee now, I don't know.

    [Everyone looks at #2]

    Juror #2: I remember I was arguing with the guy I work next to at the bank a couple of weeks ago. He called me an idiot, so I yelled at him.

    Juror #3: [pointing at #8] Now listen, this guy's tryin' to make you believe things that aren't so! The kid said he was gonna kill him, and he *did* kill him!

    Juror #8: Let me ask you this: do you really think the kid would shout out a thing like that so the whole neighborhood could hear him? I don't think so; he's much to bright for that.

    Juror #10: Bright? He's a common, ignorant slob. He don't even speak good English.

    Juror #11: [looking up] He *doesn't* even speak good English.