About the author -----

Reginald Rose

one ofthe leading writers from television's “Golden Age” in the 1950s, who was bestknown for the movie “Twelve Angry Men”. Rose died of complications from heart failure at age 81 in Norwalk, Connecticut.

Distinguished works:

Rose wonan Emmy Award in 1954 for writing the Studio One television version of"Twelve Angry Men", in which one juror painstakingly sways the 11others debating the fate of a Puerto Rican youth charged with killing hisfather. Rose received an Academy Award nomination for the screenplay of the1957 film version, which starred Henry Fonda, who co-produced the movie withRose. The film, which also featured Lee J. Cobb, Ed Begley Sr., E.G. Marshall,Jack Klugman, Jack Warden and Martin Balsam, was directed by Sidney Lumet andwas also nominated for best picture that year. Rose, a native New Yorker whosework was distinguished by his focus on social and political issues, won threeEmmy Awards and was nominated for six.

His focus:

Afearless Golden Age of Television writer of the highest caliber, ReginaldRose's ability to tackle pressing social issues distinguished him from the packand, along with such contemporaries as Rod Serling and Paddy Chayefsky, left anindelible mark on the history of thought-provoking television drama.

2. Doyou know how the author comes to write this play? Here is what the author said:

“TwelveAngry Men” is the only play I’ve written which has any relation at all toactual personal experience. A month or so before I began the play I sat on thejury of a manslaughter case in New York’s General Sessions Court. This was myfirst experience on a jury, and it left quite an impression on me. When Ireceived my jury notice I wasn’t very pleased. There are eight million peoplein New York, why do they have to choose me. All the other prospective jurors Imet in the waiting room the first day also grumbled and muttered.

But, strangely, the moment Iwalked into the courtroom and found myself facing a strange man whose fate wassuddenly more or less in my hands, my entire attitude changed. I as hugelyimpressed with the almost frightening stillness of the courtroom, theimpassive, masklike face of the judge, the brisk, purposeful scurrying of thevarious officials in the room, and the absolute finality of the decision I andmy fellow jurors would have to make at the end of the trial. I doubt whether Ihave ever been so impressed in my life with a role I had to play, and Isuddenly became so earnest that, in thinking about it later, I probably wasunbearable to the eleven other jurors.

It occurred to me during the trialthat no one anywhere ever knows what goes on inside a jury room but the jurors,and I thought then that a play taking place entirely within a jury room mightbe an exciting and possibly moving experience for an audience. Actually, theoutline of this play, which I began shortly after the trial ended, took longerto write than the script itself. The movements in the play were so intricatethat I wanted to have them down on paper to the last detail before I began theconstruction of the dialogue.

I worked on the idea and outlinefor a week and was stunned by the time I was finished to discover that theoutline is twenty-seven pages long. The average outline is perhaps five gapeslong, and many are as short as one or two pages. This detailed setting down ofthe moves of the play paid off however. The script was written in five days.

3. American Court System

Theaccused is deemed innocent until and unless proved “guilty beyond a reasonabledoubt”;

Theburden of proof is on the prosecutor;

In mostcases, the verdict has to be unanimously reached. The majority of a jury is notsufficient to find a defendant guilty of a felony;

A trialdoes not aim at discovering who committed a particular crime, but rather theinnocence or guilt of the accused;

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

4. Jury System & Jurors

Who can be a jury member?

A juryis made up of 12 adults.

The juryis chosen at random from the local Electoral Register.

Juryservice is usually compulsory, however there are certain categories of peoplewho can't be selected including: Judges, Magistrates, Solicitors, Barristers,Ministers of religion, Prisoners, MPs, Members of the armed forces, Members ofthe medical profession, Police and probation officers, Anyone on bail or whohas 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 maybe excused from Jury service if there is a strong reason why you are unable toserve, such as exams or a pre-booked holiday.

How long does jury service lastfor?

It lastsfor around two weeks, however, if at the end of this time the trial is stillgoing, you may be asked if you are able to stay on. You can be a juror for morethan one trial during your jury service.

Who can I talk to about the trial?

Once youare a juror you may only discuss the trial in the jury room when all the juryare present. You must not talk about the trial to anyone who is not a member ofyour jury.

It is anoffence for anyone outside your jury to try to influence you about the case. Ifanyone approaches you about the case tell a court official or police officer atonce.

It is anoffence for anyone to impersonate a juror and to serve on his or her behalf.

How are jurors selected for aparticular trial?

First,the court clerk selects anywhere from 15 to 35 prospective jurors at randomfrom the larger jury pool. This smaller group of potential jurors is seated ina courtroom. Then the judge’s clerk or bailiff places each person’s name on aseparate slip of paper. All of these slips are then placed in a box. The clerkshakes 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 thebox. When an appropriate number of names have been drawn and called, thosepotential jurors take an oath. This begins the most important step in juryselection, which is called “voir dire”.

What is “voir dire?”

“ Voirdire” is a French term that means “to speak the truth”. In jury selection, voirdire refers to the procedure for selecting a panel of jurors by asking themquestions. Voir dire usually begins when the judge or the lawyers brieflyexplain the general nature of the case to be tried, along with the names of thelawyers and parties involved in the case. The prospective jurors are then givenan oath to truthfully answer any questions they may be asked. The judge maystart by asking a few general questions. The judge usually asks whether anyoneis acquainted with any of the people involved in the lawsuit and whether anyonehas any knowledge of the lawsuit. The lawyers for the parties then take turnsasking questions.

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 hisor her ability to try the issue impartially and without prejudice to thesubstantial rights of a party. The state of mind may exist concerning theaction, a party to the action, the sex of a party, the party’s attorney, avictim, a witness or a racial or ethnic group. Where a juror has an opinionupon the merits of the case, perhaps from what he or she may have heard orread, that opinion will constitute “actual bias” only when all of thecircumstances indicate that the juror cannot disregard his or her own opinionand try the issue impartially.

What are my duties as a juror?

Yourduty as a juror is to weigh all of the evidence and testimony presented to youand to decide the outcome of the case based upon the law and the evidence. Yourdecision must be fair, impartial and free of any bias or prejudice. Juryservice is the basis of our judicial system and is essential to theadministration of justice.

Who is entitled to a jurytrial? 

Anyperson charged with a criminal offense or any party in a civil case has theright to a trial by jury. All parties are equal before the law and each isgiven the same fair and impartial treatment.

5. Jury Procedure

How is evidence presented to thejury?

Theplaintiffs in the case call witnesses and question them. The questioning of awitness 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 ofhis or her witnesses. When a party has called all the witnesses that he or shewishes at that time, that party rests. Where there is more than one plaintiff,the other plaintiff then calls witnesses and then likewise rests.

Then thedefendant or defendants may call witnesses. This continues until all partieshave rested. In a criminal case, the burden of proof is entirely on theprosecution and no adverse inference may be drawn if the defendant calls nowitnesses. After both the plaintiff and the defendant have rested their cases,the plaintiff may call witnesses to “rebut” the testimony of the defendant’switnesses if there have been any. This is called “rebuttal testimony”. Thedefendant may then call additional rebuttal witnesses.

What happens after all of theevidence is presented?

Afterall of the evidence is presented, the lawyers make closing arguments. In theirclosing arguments, the lawyers try to summarize the evidence and persuade thejury to find in favor of their respective clients. The judge then gives the“charge”, or instructions, to the jury. In these instructions, the issues thatjurors must decide are defined. When the judge has finished, the jurors retireto the jury room to deliberate the case.

May a juror discuss the trialbefore 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 shouldyou permit anyone to talk to you about the case. Even friendly chats with thelawyers, parties and witnesses must be avoided. You should not listen to radioor television accounts of the trial or read articles about it in thenewspapers. You also should not talk to your friends or to members of your ownfamily about the case while it is pending. If a person persists in talking toyou about the trial, or attempts to influence you as a juror, you should reportit to the judge immediately.

How should jurors conduct theirdeliberations?

Uponretiring to the jury room to deliberate, the jury selects a presiding juror. Itis the presiding juror’s duty to see that the deliberations are conducted in anorderly fashion and to see that the issues submitted for consideration arefully and fairly discussed. The presiding juror should make sure that everyjuror has a chance to say what he or she thinks on every question. When ballotsneed to be taken, the presiding juror should see that it is done. The presidingjuror should sign any written request made of the judge.

How do jurors reach a verdict?

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

How is voting conducted by thejurors?

Yourfinal vote should represent your own opinion. When differences of opinion arisebetween jurors, the jurors should say what they think and why they think it.While you should not hesitate to change your viewpoint if your opinions changeduring deliberation, jurors must not try to force agreement. Jurors should notrefuse to listen to the arguments and opinions of others and must not permitany decision to be reached by chance or the “toss of a coin”.

Thenumber of jurors needed to agree upon a verdict will vary depending upon thenumber of persons sitting on the panel, whether it is a civil or a criminalcase and the jurisdiction of the court. The judge will instruct you about thespecific number of jurors that must agree upon the verdict.

What should a jury do once it hasreached a verdict?

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

6. Criminal Court

CriminalCourt hears cases ranging from minor offenses (misdemeanors) such as trafficinfractions to serious ones like robbery and murder (felonies). The state orprosecutor makes the charge against someone accused of committing a crimebecause a crime is considered an act against society. The prosecuting attorneypresents the charge against the accused person (defendant) on behalf of thestate (plaintiff), and must prove to the judge or jury that the defendant isguilty beyond a reasonable doubt.

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

7. Trial Pattern: Key Words

Bothfelony and misdemeanor cases go to trial only rarely. Most (over 90 percent)are disposed of by defendants' pleas of guilty. Whether the case involves afelony or misdemeanor, the trial follows the same pattern.
First, the district attorney, on behalf of the State of California, files aninformation (a written charge against a defendant filed in superior court aftera preliminary examination) or an indictment (a written accusation presentedupon oath by a grand jury that a person has committed a crime).

Not-Guilty Plea: When adefendant enters a plea of not guilty, the case proceeds to trial. The jury isselected, 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 expectto prove with the evidence they have.

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

Objections: During atrial, if attorneys on either side feel that a question asked or evidenceoffered is improper, they may make objections. The judge may agree or disagreewith such objections.

ClosingArguments: After both sides have presented their evidence, each has a chance topresent rebuttal, or opposing, evidence. Then both sides of the case give theirclosing arguments. This is the stage when the attorneys analyze and interpretthe evidence that was presented.

Verdict: Thejudge will instruct the jury on the law that applies to the case. The jury thenmoves to the jury room to reach a verdict. All 12 jurors must agree on a guiltyverdict.

If thejury reaches a guilty verdict in a felony case, the judge will order aprobation report and schedule a sentencing hearing for 20 days later. Amisdemeanor can be sentenced immediately.

Sentences: Stateand local laws define crimes and specify punishment. The maximum sentence for aninfraction 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. Somecounties offer "diversion" programs that allow a judge to order adefendant to get medical treatment or counseling or to do community servicework. The diversion program may take the place of a fine or jail sentence incertain types of misdemeanor and felony cases.