Lesson 5-Twelve Angry Men(Part One) Part Two Backgroumd Iformation W E ENTER
W B T L E Lesson 5 – Twelve Angry Men (Part One) Part Two ENTER
Lesson 5-Twelve Angry Men(Part One) Background Information Contents I. American Court System I。 Jury System& Jurors I工 I. Jury Procedure IV. Civil Case vs, Criminal Case v。 Criminal court VI. Trial Pattern: Key Words W E BAC
W B T L E Lesson 5 – Twelve Angry Men (Part One) 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 Information
Lesson 5-Twelve Angry Men(Part One) I. American Court System . The accused is deemed innocent until and unless proved guilty beyond a reasonable doubt .o The burden of proof is on the prosecutor " In most cases the verdict has to be unanimously reached. The majority of a jury is not sufficient to find a defendant guilty of a felony . a trial does not aim at discovering who committed a particular crime but rather the innocence or guilt of the accused The system is valuable, but not infallible and can be quite precarious W E The end of American Court System
W B T L E Lesson 5 – Twelve Angry Men (Part One) ❖ The accused is deemed innocent until and unless proved “guilty beyond a reasonable doubt”; ❖ The burden of proof is on the prosecutor; ❖ In most cases, the verdict has to be unanimously reached. The majority of a jury is not sufficient to find a defendant guilty of a felony; ❖ A trial does not aim at discovering who committed a particular crime, but rather the innocence or guilt of the accused; ❖ The system is valuable, but not infallible and can be quite precarious. The end of American Court System. I. American Court System
Lesson 5-Twelve Angry Men(Part One) II. Jury System &z Jurors Who can be a jury member? Frequently Asked Questions A jury is made up of 12 adults. The jury is chosen at random from the local Electoral Register Jury service is usually compulsory, however there are certain categories of people who can't be selected including: Judges, Magistrates, Solicitors, Barristers Ministers of religion, Prisoners, MPs, Members of the armed forces, Members of the medical profession, Police and probation officers, Anyone on bail or who has been on probation within the last five years, Anyone sentenced to prison, detention centre, youth custody or community service within the last 10 years. One may be excused from Jury service if there is a strong reason why you are unable to serve, such as exams or a pre-booked holiday W E To be continued on the next page
W B T L E Lesson 5 – Twelve Angry Men (Part One) ❖ Who can be a jury member? II. Jury System & Jurors To be continued on the next page. A jury is made up of 12 adults. The jury is chosen at random from the local Electoral Register. Jury service is usually compulsory, however there are certain categories of people who can't be selected including: Judges, Magistrates, Solicitors, Barristers, Ministers of religion, Prisoners, MPs, Members of the armed forces, Members of the medical profession, Police and probation officers, Anyone on bail or who has been on probation within the last five years, Anyone sentenced to prison, detention centre, youth custody or community service within the last 10 years. One may be excused from Jury service if there is a strong reason why you are unable to serve, such as exams or a pre-booked holiday
Lesson 5-Twelve Angry Men(Part One) II. Jury System &z Jurors .g How long does jury service last for? 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 are able to stay on. You can be a juror for more than one trial during your jury service Who can i talk to about the trial? Once you are a juror you may only discuss the trial in the jury room when all the jury are present. You must not talk about the trial to anyone who is not a member of your jury. It is an offence for anyone outside your jury to try to influence you about the case. If anyone approaches you about the case tell a court official or police officer at once It is an offence for anyone to impersonate a juror and to serve on his or her behalf W E To be continued on the next page
W B T L E Lesson 5 – Twelve Angry Men (Part One) Once you are a juror you may only discuss the trial in the jury room when all the jury are present. You must not talk about the trial to anyone who is not a member of your jury. It is an offence for anyone outside your jury to try to influence you about the case. If anyone approaches you about the case tell a court official or police officer at once. It is an offence for anyone to impersonate a juror and to serve on his or her behalf. II. Jury System & Jurors To be continued on the next page. ❖ How long does jury service last for? 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 are able to stay on. You can be a juror for more than one trial during your jury service. ❖ Who can I talk to about the trial?
Lesson 5-Twelve Angry Men(Part One) II. Jury System &z Jurors How are jurors selected for a particular trial? First, the court clerk selects anywhere from 15 to 35 prospective jurors at random from the larger jury pool This smaller group of potential jurors is seated in a courtroom. Then the judge'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 clerk shakes the box vigorously to ensure a completely random selection of names. After the slips are mixed the clerk begins drawing names one at a time from the box. When an appropriate number of names have been drawn and called, those potential jurors take an oath. This begins the most important step in jury selection, which is called voir dire W E To be continued on the next page
W B T L E Lesson 5 – Twelve Angry Men (Part One) II. Jury System & Jurors To be continued on the next page. First, the court clerk selects anywhere from 15 to 35 prospective jurors at random from the larger jury pool. This smaller group of potential jurors is seated in a courtroom. Then the judge’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 clerk shakes the box vigorously to ensure a completely random selection of names. After the slips are mixed the clerk begins drawing names one at a time from the box. When an appropriate number of names have been drawn and called, those potential jurors take an oath. This begins the most important step in jury selection, which is called “voir dire”. ❖ How are jurors selected for a particular trial?
Lesson 5-Twelve Angry Men(Part One) II. Jury System &e Jurors ☆ What is" voir dire"? Voir dire"is a French term that means to speak the truth". In jury selection, voir dire refers to the procedure for selecting a panel of jurors by asking Discuss them questions. Voir dire usually begins when the In groups judge or the lawyers briefly explain the general nature of the case to be tried, along with the names of the lawyers and parties involved in the case. The prospective jurors are then given an oath to truthfully answer any questions they may be asked. The judge may start by asking a few general questions. The judge usually asks whether anyone is acquainted with any of the people involved in the lawsuit and whether anyone has any knowledge of the lawsuit. The lawyers for the parties then take turns asking questions W E To be continued on the next page
W B T L E Lesson 5 – Twelve Angry Men (Part One) II. Jury System & Jurors Discuss in groups. To be continued on the next page. “ Voir dire” is a French term that means “to speak the truth”. In jury selection, voir dire refers to the procedure for selecting a panel of jurors by asking them questions. Voir dire usually begins when the judge or the lawyers briefly explain the general nature of the case to be tried, along with the names of the lawyers and parties involved in the case. The prospective jurors are then given an oath to truthfully answer any questions they may be asked. The judge may start by asking a few general questions. The judge usually asks whether anyone is acquainted with any of the people involved in the lawsuit and whether anyone has any knowledge of the lawsuit. The lawyers for the parties then take turns asking questions. ❖ What is “voir dire”?
Lesson 5-Twelve Angry Men(Part One) II. Jury System eggi w70 g What does actual bias" mean? Can't a juror have any opinions? The term actual bias" means the juror has a state of mind that would interfere with his or her ability to try the issue impartially and without prejudice to the substantial rights of a party. The state of mind may exist concerning the action, a party to the action, the sex of a party, the partys attorney, a victim, a witness or a racial or ethnic group. Where a juror has an opinion upon the merits of the case, perhaps from what he or she may have heard or read, that opinion will constitute" actual bias" only when all of the circumstances indicate that the juror cannot disregard his or her own opinion and try the issue Impartially W E To be continued on the next page
W B T L E Lesson 5 – Twelve Angry Men (Part One) II. Jury System & Jurors The term “actual bias” means the juror has a state of mind that would interfere with his or her ability to try the issue impartially and without prejudice to the substantial rights of a party. The state of mind may exist concerning the action, a party to the action, the sex of a party, the party’s attorney, a victim, a witness or a racial or ethnic group. Where a juror has an opinion upon the merits of the case, perhaps from what he or she may have heard or read, that opinion will constitute “actual bias” only when all of the circumstances indicate that the juror cannot disregard his or her own opinion and try the issue impartially. To be continued on the next page. ❖ What does “actual bias” mean? Can’t a juror have any opinions?
Lesson 5-Twelve Angry Men(Part One) II. Jury System &eg w70 What are my duties as a juror? Your duty as a juror is to weigh all of the evidence and testimony presented to you and to decide the outcome of the case based upon the law and the evidence. Your decision must be fair, impartial and free of any bias or prejudice. Jury service is the basis of our judicial system and is essential to the administration of justice. Who is entitled to a jury trial? Any person charged with a criminal offense or any party in a civil case has the right to a trial by jury. All parties are equal before the law and each is given the same fair and impartial treatment. W E The end of Jury System& Jurors
W B T L E Lesson 5 – Twelve Angry Men (Part One) II. Jury System & Jurors ❖ What are my duties as a juror? Your duty as a juror is to weigh all of the evidence and testimony presented to you and to decide the outcome of the case based upon the law and the evidence. Your decision must be fair, impartial and free of any bias or prejudice. Jury service is the basis of our judicial system and is essential to the administration of justice. ❖ Who is entitled to a jury trial? Any person charged with a criminal offense or any party in a civil case has the right to a trial by jury. All parties are equal before the law and each is given the same fair and impartial treatment. The end of Jury System & Jurors
Lesson 5-Twelve Angry Men(Part One) III. Jury procedure How is evidence presented to the jury? The plaintiffs in the case call witnesses and question them. The questioning of a witness by the party who called the witness is known as direct examination ". Each party has a right to ask questions of the witnesses of the other party. This is called cross-examination Usually the plaintiff first calls all of his or her witnesses. When a party has called all the witnesses that he or she wishes at that time that party rests. Where there is more than one plaintiff, the other plaintiff then calls witnesses and then likewise rests W E To be continued on the next page
W B T L E Lesson 5 – Twelve Angry Men (Part One) III. Jury Procedure To be continued on the next page. ❖ How is evidence presented to the jury? The plaintiffs in the case call witnesses and question them. The questioning of a witness by the party who called the witness is known as “direct examination”. Each party has a right to ask questions of the witnesses of the other party. This is called “cross-examination”. Usually the plaintiff first calls all of his or her witnesses. When a party has called all the witnesses that he or she wishes at that time, that party rests. Where there is more than one plaintiff, the other plaintiff then calls witnesses and then likewise rests
