Key Terminology - Twelve Angry Men Flashcards
Hung jury
When a jury is unable to resolve differences of opinion to reach an unanimous verdict. As a result, the trial is declared a mistrial, and may or may not be retried.
Reasonable doubt
The lack of certainty, based on the evidence presented in the case, of the defendants guilt. To convict the defendant in a case like this, the juror must be convinced of the case, beyond reasonable doubt.
Prosecutor
A person of authority in the legal system who institute and conduct criminal action.
Defence counsel
A barrister (type of lawyer who specialises in advocacy and ligation of the law) presents the defendants case in court.
Verdict
A verdict is the finalised opinion the jurors make in response to what was presented in the
case. The verdict must be unanimous.
Foreman
A foreman is the ‘1st Juror’. They are initiated to deliver the final verdict to the judge and to be in charge of the other jurors in the room. They will usually speak on behalf of the other jurors.
Convict
A person (the defendant) being declared guilty for a criminal offence and facing a punishment suited for the degree of their offence.
Acquit
When the juror has finalised a ‘not guilty’ verdict the defendant becomes free of their charges.
Innocent until proven guilty
The U.S. Constitution, drafted in 1787 establishes the countries justice systems. It outlines that the defendant is innocent until proven guilty. That is, until all the facts have be proven beyond a reasonable doubt that the defendant is then proven guilty.
The 5th Amendment
The fifth ammendmenl protects against the abuse of government authority in legal proceedings. Thus no person shall be convicted for a crime, unless indicted by a grand jury.
Double Jeopardy
Prevents the accused from getting punished more than once for the same criminal offence
Cross-examine
question or challenge a testimony under the court or law.
Deliberate
Done with conscience or on purpose. There was an intent to do the deed
Premeditated
Thought out and planned beforehand
Homicide
Homicide is a murder, a person has ended the life of another
Burden of proof
The duty/obligation to prove ones assertion or charge
Defendant
The person in a court case against whom the legal action is being taken, also commonly known as “the accused“
First degree murder
A murder both pre-meditated and malicious. At this time punishable by death
Constitution
Do US Constitution, drafted in 1787, establishes the legal and legislative foundation for the countries governance and justice system. Australia’s constitution is a similar legal document upon which all tenants of governance and jesses are founded. Neither the American ignore the Australian constitutes include the terms ‘burden of proof’ or ‘reasonable doubt’, but both countries due to court systems rely on these principles.
Circumstantial evidence
Evidence that is indirect but allows for assumption and inference of a secondary situation, event or detail. (Eyewitness testimony, conversely, is known as “direct evidence“).
Dempsey – Firpo fight
Notorious 1923 New York boxing match, won by Jack Dempsey, although there was some controversy about a decision on the result has since been disputed. Luis Firpo was the Latin-American boxer to challenge a heavyweight champion. As well as suggesting that the 8th Juror is twisting accepted “facts” and his argument, 7th Juror maybe implying that 8 sympathise with social and cultural minority groups.
(It is believed that Louis for a part did actually win the match, but as the audience didn’t want a Latino winning the judges change the results so the white fight would win)
