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12 Angry Men is a play by Reginald Rose. It is about a
jury member who persuades the other 11 members to
change the verdict (guilty) they have given, on the basis
of reasonable doubt.
The story begins after closing arguments have been
presented in a homicide case, as the judge is giving his
instructions to the jury. As in any American criminal case,
the twelve men must unanimously decide on a verdict of
'guilty' or 'not guilty'. (In the American justice system,
failure to reach a unanimous verdict, a so-called "hung
jury", results in a mistrial.)
The case at bar pertains to whether the young man
murdered his own father. The jury is further instructed
that a guilty verdict will be accompanied by a mandatory
death sentence (something that could not happen in the
current American legal system). These twelve then
move to the jury room, where they begin to become
acquainted with the personalities of their peers.
Throughout their deliberation, not a single juror calls
another by his name because the names are unknown by
the jurors.
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12 Angry Men is an American drama film produced
in 1957 by first-time director Sidney Lumet based
on the play of the same name by Reginald Rose. It
is about a jury member who tries to persuade the
other 11 members to acquit the suspect on trial on
the basis of reasonable doubt. The film is notable
for its almost exclusive use of one set: with the
exception of three minutes of screen-time split
between the beginning and the end and two short
scenes in an adjoining washroom, the entire movie
takes place in the jury room.
12 Angry Men – Resource Book – 27 pages
9
Apart from two of the jurors swapping names on leaving the courthouse, no names are used in the film: the
defendant is referred to as "the boy" and the witnesses as the "old man" and "the lady across the street".
In 2007, 12 Angry Men was selected for preservation in the United States National Film Registry by the Library of
Congress as being "culturally, historically, or aesthetically significant".
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The story begins after closing arguments have been presented in a murder case, as the judge is giving his
instructions to the jury. According to American law (both then and now), the verdict (whether guilty or not guilty)
must be unanimous. The question they are deciding is whether the defendant, a young teenaged boy from the
city slum, murdered his father. The jury is further instructed that a guilty verdict will be accompanied by a
mandatory death sentence — the electric chair. The jury of twelve move to the jury room, where they begin to
become acquainted with each others' personalities and discuss the case.
The plot of the film revolves around their difficulty in reaching a unanimous verdict due, in some cases, to the
jurors' prejudices. Juror #8 dissents in the initial voting, stating that the evidence presented is circumstantial and
the boy deserves a fair deliberation, upon which he starts questioning the accuracy and reliability of the sole two
witnesses to the murder, the fact that the knife used in the murder is not as unique as assumed (he produces an
identical one from his pocket) and that the overall circumstances are rather shady.
12 Angry Men – Resource Book – 27 pages
10
His most fierce opponents - Jurors 3, 4 and 10 - claim that the boy's alibi is botched, since he does not remember
any detail from the movies he watched at the theatre the night of the murder and he has sufficient motivation to
kill his father. His lack of memory, however, is excused by panic attack; also, one of the witnesses is accused of
wanting attention whilst the other might have "witnessed" the murder without her glasses on. As the deliberation
goes on, the jurors go on to vote not guilty - in order, Jurors 9, 5, 11, 2, 6, 7, 12, 1, 4, 10 and finally 3. In a secret
ballot, Juror 9 is the first to support Juror 8, not necessarily believing the accused is innocent but feeling Juror 8
deserves the opportunity for discussion. After listening to the complaints of Jurors 7 and 10, Jurors 5 and 2
change their votes. After Jurors 11 and 6 also decide on "not guilty," 7 becomes tired and also votes "not guilty"
just so that the deliberation may end. Juror 12 changes his mind after voting "not guilty," but switches back
moments after; the jury Foreman, 1, also votes "not guilty". Juror 10 loses all favor or respect after indulging in a
bigoted rant, after which he is told to shut up by Juror 4 - who in turn is convinced that the witness who "saw" the
murder may be inaccurate in her account because she may not have been wearing glasses at the time.
Last of all is the adamant Juror 3, who, after a long confrontation with Juror 8, breaks down after glancing at and
furiously tearing up a picture of him and his son, whom he hasn't seen in two years (his rage suggesting a
probable falling out with the boy). All jurors leave and clear the accused of all charges off-screen. In the epilogue,
the friendly Jurors 8 (Davis) and 9 (McArdle) exchange surnames (all jurors have remained nameless throughout
the movie) and the movie ends.
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On its first release, 12 Angry Men received critical acclaim. A. H. Weiler of The New York Times wrote "It makes
for taut, absorbing, and compelling drama that reaches far beyond the close confines of its jury room setting." His
observation of the 12 men was that "their dramas are powerful and provocative enough to keep a viewer
spellbound." However, it was not a popular success: the advent of color and widescreen productions resulted in
the film receiving a disappointing box office performance.
Despite this, the film is today viewed as a classic, highly regarded from both a critical and popular viewpoint:
Roger Ebert lists it as one of his "Great Movies,". The American Film Institute named Juror #8, played by Henry
Fonda, 28th in a list of the 50 greatest movie heroes of the 20th century, named 12 Angry Men the 42nd most
inspiring film, and later named the movie as the 87th best film of the past hundred years. In June 2008, it
revealed its "Ten top Ten"—the best ten films in ten "classic" American film genres—after polling over 1,500
people from the creative community. 12 Angry Men was acknowledged as the second best film in the courtroom
drama genre.[1]
12 Angry Men – Resource Book – 27 pages
11
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The film was nominated for Academy Awards in the categories of Best Director, Best Picture and Best Writing,
Screenplay Based on Material from Another Medium. In all of these categories, the film was eclipsed by The
Bridge on the River Kwai, which won seven Academy Awards that year. At the Berlin International Film Festival,
the film won the Golden Bear Award.
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Reginald Rose
(December 10, 1920 – April 19, 2002) was an American film
and television writer most widely known for his work in the
early years of television drama.
Life
Born in Manhattan, Rose attended Townsend Harris High
School and briefly attended City College (now part of the
City University of New York) before serving in the U.S.
Army in 1942-46, where he became a first lieutenant. He
sold his first teleplay, Bus to Nowhere, in 1950 to the live
CBS dramatic anthology program Studio One, for which he
wrote Twelve Angry Men four years later. This latter drama,
set entirely in a room where a jury is deliberating the fate of a man accused of murder, was inspired by Rose's
service on just such a trial.
The Internet Movie Database quotes Rose's memories of this experience: "It was such an impressive, solemn
setting in a great big wood-paneled courtroom, with a silver-haired judge, it knocked me out. I was overwhelmed.
I was on a jury for a manslaughter case, and we got into this terrific, furious, eight-hour argument in the jury room.
I was writing one-hour dramas for Studio One then, and I thought, wow, what a setting for a drama."
Rose received an Emmy for his teleplay and an Oscar nomination for his 1957 feature-length film adaptation.
Rose wrote for all three of the major broadcast networks of the 1950-80 period. He created and wrote for The
Defenders in 1961, a weekly courtroom drama spun off from one of Rose's episodes of Studio One; The
Defenders would go on to win two Emmy awards for dramatic writing. He also was involved in screenwriting for
films; he made four movies with the British producer Euan Lloyd: The Wild Geese, The Sea Wolves, Who Dares
Wins and Wild Geese II. Rose was married twice, to Barbara Langbart in 1943, with whom he had four children,
and to Ellen McLaughlin in 1963, with whom he had two children. He died in 2002 from complications of heart
failure.
Rose's work is marked by its treatment of controversial social and political issues. His realistic approach helped
create the slice of life school of television drama which was particularly influential in the anthology programs of
the 1950s.
12 Angry Men – Resource Book – 27 pages
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Reginald Rose’s play is dominated by the theme of CONFLICT.
The conflict is played out within the confines of the jury deliberation room – a hot
uncomfortable venue from which the players – the jurors are unable to escape until a
verdict is reached.
You will recall that juries can have a significant influence on the outcome of a trial,
namely through:
• Their ability to assess the evidence (especially scientific evidence) before them.
• Their personal prejudices – including their attitude towards the defendant (the
person on trial)
Another area where juror influence is explored by Reginald Rose is the play of
personalities in the deliberation room. Remember, jurors come into the courtroom with
their prejudices and biases, their character strengths and flaws and that pair of cultural
filter glasses that all of us have and very few of us can remove. Jurors are HUMAN,
after all.
You can see throughout the play how people with weaker or more compliant
personalities can be influenced by those with stronger more dominant personalities.
Some of the jurors use intimidation and domination in an attempt to bring about the
verdict that they seek in the case.
In stories, there are essentially three types of conflict available to the writer in order to
develop their themes and their narrative:
Man versus nature
–
where the person struggles against their environment e.g.
a flood, a drought
Man versus man
–
where one person struggles against another e.g. police
officer and criminal
Man versus self
-
where the person struggles with their inner demons –
their values and ethics, their conscience, the character
flaws.
12 Angry Men – Resource Book – 27 pages
16
In this play, the conflict is predominantly
(HU)MAN versus (HU)MAN.
In “Twelve Angry Men”, particular the 8th Juror and the 3rd Juror
are in conflict. Look at the descriptions of the jurors, shown below
and see if you can organise their characteristics into oppositional
pairs. You may add information you have collected from your Jury
Profile on page 4 of your “Twelve Angry Men Student Activity
Books”.
Record this information in your Activity Books on page 12.
EVIL, BRUTALITY
JUROR #3
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Issued 2007
Juror’s Handbook
Foreword
by the Chief Justice Paul de Jersey AC
Juries are a key part of our legal system. They comprise of
men and women from the community, randomly selected from
the electoral rolls. Their role is to make the most important
decision in any court case: whether or not the defendant is
guilty as charged (or, in civil cases, who is at fault). They bring
to the task a wealth of experience, common sense and insight.
So serving on a jury is a public duty for any citizen of our
society—one that you are only rarely asked to perform.
This handbook will tell you what to expect from the moment
you receive your summons until you give your verdict.
What does the summons mean?
The summons you have received means you have been selected for jury service. It is not a guarantee that you
will actually serve on a trial. That will be decided during another selection process called “empanelling”, which
happens after you arrive at court. Rather, the summons is a notice to make yourself available—to be ready to
come to court when called.
How long will I have to be available?
The summons tells you how long your period of service is (usually no more than four weeks, unless a particular
trial runs longer), and the date it begins. You may not have to attend court every day during these weeks, but you
must be available to attend if you are called.
How do I know when to attend court?
You will not be notified personally. It is up to you to find out when you are needed by checking the places where
the information is listed.
The jurors are not selected until the day before they are required, so you will need to check every day. The
identity of jurors is not publicised, so you will not be listed by name. Instead, you check for your panel and juror
number. If your numbers come up, you must go to court.
12 Angry Men – Resource Book – 27 pages
18
This is how you do it:
•
Refer to the summons to see which panel of jurors you have been assigned to and what juror number
you have been given (see the top, right-hand box).
•
Find out where your panel and juror number will be published by reading the details under the heading
“When to attend”. (These details will be different depending on where you live.)
In Brisbane
You can check on the evening of the previous working day. So if you want to know whether you are needed
on a Monday, you can check on Friday evening.
You do this by:
•
ringing the recorded jury message on 3030 0327 after 5.00pm, or
•
visiting the Queensland Courts’ website at www.courts.qld.gov.au after 5.30pm.
•
You can also check on the morning of the day itself by looking at the Law List in the Information
Section of the Courier-
•
Mail newspaper.
Outside Brisbane
Your summons will tell you how to find out each day if you are required to attend court that day.
Time
On the days you are required, you are likely to be needed from around 9.15am to 5.00pm.
Which court do I attend?
You go to the courthouse shown on the summons under the heading “Where to attend”.
In Brisbane, you attend the Law Courts, Cnr George and Ann Streets, where the Supreme Court and District Court are
located.
Transport
Parking facilities are not available at any courthouse, so you are strongly urged to take public transport to and
from court. You will be reimbursed for the cost of your public transport on the days you are required to attend
court. Parking fees will not be paid. Make sure you complete the Juror’s Allowance form you received with the
Summons, and hand it to the Bailiff on the first day you attend court. If you fail to do so, you will not receive any
reimbursement of transport costs.
What should I wear?
You do not have to wear a suit or tie, but you should look neat and tidy. You might want to bring a cardigan or
jumper, as you may find the temperature in some courthouses cool.
12 Angry Men – Resource Book – 27 pages
19
What else should I bring?
You should carry your summons with you at all times. You don’t need to bring food with you because lunch is
usually provided at the courthouse. However, you should bring some money in case the Judge lets the jury
members go out at lunchtime to buy their own lunch. (If you have to buy your own lunch, you will receive $10.00
lunch allowance with your juror’s allowance—see page 19).
Can I bring a mobile phone or pager?
Yes, but you will have to turn it off during the empanelling process. If you are empanelled—that is, chosen to
serve on a jury—you will need to leave it with the Bailiff before entering the courtroom or jury room each day.
Can I apply to be excused?
Yes, but only if your circumstances have changed significantly since you sent in your questionnaire. You will need
to write immediately to the Deputy Sheriff and detail how your circumstances have changed and why you are
unable to serve on a jury. You should include your contact details with your application. You should send your
application urgently to either the fax number or the postal address noted on the summons so it will be received
no later than the Wednesday before your jury service begins.
The Deputy Sheriff will usually consider only written applications. You will be notified of the result by letter or
phone.
If you have an urgent application that would not be received in time, contact the Deputy Sheriff on the phone
number noted on your summons. You can apply for a partial excusal, which means that you can be excused for a
period of time during your service. For example, you may have to go interstate for business for a few days in the
middle of your service. If your excusal is granted, you will still be able to do jury duty and go away on your
business trip.
To apply for a partial excusal, you should write to the Deputy Sheriff well before the time when you need to be
excused. You can apply for excusal by talking to the Deputy Sheriff in advance, on one of the days when you are
required to attend court.
If you are not excused by the Deputy Sheriff, you can still apply for an excusal in person by asking the Judge
when you first attend court.
Can my employer apply for me to be excused?
No. Your employer cannot apply for you to be excused. Only you can apply for excusal. You will need to write to
the Deputy Sheriff if your absence will cause serious inconvenience at work. Your application must be
accompanied by a written statement from your employer.
The Deputy Sheriff will decide if your application is reasonable. If you have not already discussed your jury duty
with your employer, you should do so straight away, taking your summons with you.
Can I be dismissed from my job for doing jury duty?
No, it is against the law for your employer to dismiss you or in any way disadvantage you for making yourself
available for jury duty. An employer convicted of such a charge could be jailed for up to one year.
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What happens when I arrive at court?
The first thing you should do is report to the jury assembly area. (Remember to bring your summons with you.) A
court official will be there to meet you, gather together your fellow jurors and explain administrative matters.
Listen to the Bailiff and court staff so that you know where you should be and what you should be doing. You will
then be taken into court. (If you wish to be excused from jury duty, this is your final opportunity. Let the Bailiff
know that you wish to apply. It is up to the Judge to decide if your reason is acceptable.)
The jurors remain at the back of the court, either seated or standing, for the empanelling procedure. The Bailiff
will be at the front for the purpose of swearing jurors in. On each day you are required to attend court, you may go
through more than one empanelling process.
What does “empanelling” mean?
Empanelling is the way jurors are chosen to serve on a particular trial.
This is how it works:
• Cards showing the name, town/suburb and occupation of each juror are placed in a rotating box.
•
The Judge’s Associate removes the cards and calls the jurors one by one.
•
If you are called, walk to the Bailiff to swear an oath or to affirm to fulfil your duty as a juror. (You may
choose either equally valid procedure. Let the Bailiff know before you come into Court if you wish to
affirm or to swear on a particular holy scripture).
•
At any time before the Bailiff begins to recite the oath or affirmation, the Prosecutor may call out “stand
by”, or the
•
defendant or Defence counsel may call out “challenge”. If this happens, you must return to the back of
the court. Another name will be called.
•
If you are not “stood by” or “challenged”, you will be sworn in as a juror and directed to your place in the
jury box. The procedure will be repeated with the names of those remaining until a complete jury is
formed. There are 12 on a criminal trial and 4 on a civil trial. Both criminal and civil trials can have as
many as 3 reserves.
What do I do if somebody approaches me about my jury duty?
If any approach is made to you—either in person, by phone or in writing—that causes you any concern about the
discharge of your duties as a member of a jury panel, you should immediately notify the Deputy Sheriff.
What if I’m not chosen to serve on a jury?
The most important thing to remember is that being “stood by” or “challenged” involves no reflection on your
character
or ability. If you are not chosen to serve on a jury during your first empanelling process, you may be required to
go through the process again if another jury is required. If you are not chosen to serve on any juries that day, the
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Judge or Deputy Sheriff will instruct you that you are able to leave for the rest of the day. You may be required on
another day. Remember to check each day to see if you are required to attend court.
In Brisbane you can do this by:
• ringing the recorded jury message on 3030 0327 after 5.00pm on the evening of the previous working
day. (If you are checking whether you are needed on Monday, for example, you can ring after 5pm on
Friday evening)
•
visiting the Queensland Courts’ website at www.courts.qld.gov.au after 5.30pm on the evening of the
previous working day
•
checking the Law List in the Information Section of the Courier-Mail newspaper on the morning of the
same day.
If you live outside Brisbane, your summons will tell you how to find out each day when you are required to attend
court.
What if I am chosen to serve on a jury?
If you are empanelled, the Judge will explain your role as a juror and how you should conduct yourself during the
trial. On your first day, you and the other jurors choose a speaker. In most cases, this happens during the first
break after empanelling. The speaker usually speaks for the jury in court.
It is up to the jurors to decide the role of the speaker in the jury room. Typically, the speaker sees that
deliberations are conducted in an orderly manner.
If necessary, the jury may replace the speaker by selecting a new one. During the trial, the speaker usually
communicates with the Judge on behalf of the jury. However, other jurors may address the Judge if they feel it is
necessary.If you wish to address the Judge, stand and wait until you are asked to speak. Call the Judge “Your
Honour”. When the jury is not in court, any communication you have with the Judge should be via the Bailiff.
If you are empanelled on a jury, you will be required to attend court each day until the Judge discharges you. So,
until you are discharged, there is no need for the usual daily check to see if you should go to the court. Once you
have been discharged, you will need to start checking again each day.
Do not discuss the evidence or the trial with anyone except the other jurors on the trial.
Do not make your own inquiries about the case or defendant. It would be unfair for you to act on information
which is not part of the evidence and which the parties have not had the opportunity to test.
It is a criminal offence for a juror to make inquiries about a defendant, whether personally or by having someone
else do it.
What if I need a break while I am in court?
If you need a break, you should try to catch the attention of the Bailiff, who will let the Judge know that you need
to speak to him/her. You should then tell the Judge that you need a break and why. You will be given regular
breaks during the day for morning tea, lunch and afternoon tea.
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What are my responsibilities during the period of my jury service?
•
•
Make a note of your juror number and the panel you are on.
Check to see when you are require to attend.
In Brisbane you can do this by:
• ringing the recorded jury message on 3030 0327 after 5.00pm on the evening of the previous working
day, or
• visiting the Queensland Courts’ web site at www.courts.qld.gov.au after 5.30pm on the evening of the
previous working day, or
• checking the Law List in the Information Section of the Courier-Mail newspaper on the morning of the
same day.
If you live outside Brisbane, your summons will tell you how to find out each day if you are required to attend
court.
•
•
If you are unable to attend (because you are sick or for any other good reason), telephone the number
noted on your summons as early as possible (between 8.30am and 9.15am). If you are sick, you must
also supply a medical certificate,
which should be brought to the courthouse or sent to the address or fax number noted on your summons
as soon as possible.
•
If you are late arriving at court, you should go to the jury assembly room and let the Bailiff or Deputy
Sheriff know that you have arrived. (Note that if you are absent from court without having been given an
excusal, the Judge may fine you.)
•
You must attend the court punctually when you are required.
•
When your panel and juror numbers come up, you must report to the jury assembly area by 9:15am
unless you are told otherwise.
•
If you are already on a trial, you should report to the Bailiff assigned to your panel by 9:30am unless you
are told otherwise.
What happens in the jury room?
After all the evidence is presented and the Judge has summed up in court, the judge will ask the jury to retire to
consider its verdict. You will then proceed to the jury room.
You are not allowed to talk to anyone apart from other members of the jury and your Bailiff. Remember, however,
that the Bailiff is not allowed to answer questions about what is happening in the trial. If you have any concerns or
difficulties with administrative matters, raise them with your Bailiff or the Deputy Sheriff. If you cannot understand
something from the trial or want more information on the evidence or the law, contact the Judge via the Bailiff.
The Judge may then reconvene the court.
The Judge, and no-one else, instructs jurors on this.
You should listen calmly and carefully to the opinions of other jurors.
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It is an offence for you to disclose confidential information about jury deliberations if you have reason to believe
that any of it will be, or is likely to be, made public.
Will I be able to go home each night?
Normally you would go home each night during the trial. However, if you and the other jurors have retired to
consider your verdict and you have not reached a verdict by the end of the day, the Judge may order that you
remain together and stay the night at a hotel.
For your comfort, the Deputy Sheriff will arrange to have your personal effects collected and delivered to the
hotel. You may want to organise a bag and leave it with someone from whom it may be collected, just in case you
are required to stay overnight. You should remember to include such things as medication and any personal
effects you will need. The court will pay for your accommodation and meals.
Do I receive any money for jury duty?
Yes, you are paid a daily rate for each day you have to go to court. If you are empanelled, the daily rate is in line
with the minimum wage. This rate increases the more days you are asked to attend. You may find out the current
allowance by visiting www.justice.qld.gov.au/ courts/jurors.htm or asking at your local courthouse.
Additional reimbursements
Public transport fares are paid for those days when you are required to attend. If you are empanelled, the trial
judge may allow you to separate for lunch, and you will be paid an additional allowance. If you are not permitted
to separate for lunch, a meal will be provided. Allowances are reviewed regularly. Contact the Sheriff’s Office for
the latest information.
How you are paid
The way payments are made depends on the courthouse; they can be made either weekly or fortnightly by
cheque. If you are absent on the day payment is made, your cheque will be posted to you. Reimbursement for
public transport fares will be included for the days you are required to attend court. Parking fees will not be paid.
Remember you have to complete the Juror’s Allowance form and hand it to the Bailiff on your first day at court if
you want your public transport costs to be reimbursed.
If there is no public transport available, or you live so far from public transport that you have to drive your own
vehicle a considerable distance to the nearest station, stop or terminal, you can claim a kilometric allowance.
There is a separate form for this, which is available from the court on the first day of your attendance. The court
does not provide any reimbursement for costs associated with any other arrangements you need to make in order
to be available for jury duty.
What else do I need to know?
•
Morning tea is about 11:15am and lunch is usually from 1:00pm to 2:30pm. Your Bailiff will inform you of
lunch arrangements— whether it will be provided for you at the courthouse, or whether you will be paid
an allowance to buy your own.
•
Court usually finishes for the day at 4:30pm.
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•
If you need to be contacted in an emergency during the trial, a message can be left at the Sheriff’s Office
(in Brisbane) or at the courthouse (outside Brisbane).
•
There is no smoking in the courthouse, including the jury room—only outside.
•
A Juror Support Program will be available after the trial is over if you want to talk to a registered medical
practitioner or psychologist about your experience. A brochure will be given to you when you are
discharged.
•
If you have any more questions, you should talk to the Bailiff or Deputy Sheriff at your courthouse.
Expressions used in court
An address
A Bailiff
is the final speech by the Prosecutor or Defence Counsel.
is a court officer whose duties include “swearing in” the jury and witnesses, and
safe custody of the jury.
A challenge
is when the defendant or the Defence Counsel objects to a person being sworn
in as a juror.
The Defence Counsel
is a lawyer appearing on behalf of a person defendant of a criminal offence.
The District Court
deals with serious criminal offences and a wide range of civil cases. It is
presided over by a District Court Judge.
The opening
is the speech by the Prosecutor or Defence Counsel explaining the evidence
about to be presented.
A panel
is a group of jurors.
The Prosecutor
is a lawyer appointed to conduct criminal prosecutions in the Supreme Court or
District Court.
The Sheriff or Deputy Sheriff is a court officer whose duties include arranging the attendance of jurors at
court.
Stand-by
is when the Prosecutor exercises the right to object to a person being sworn as
a juror.
The summing up
consists of the Judge’s directions on the law and any comments on the
evidence. When the Judge finishes, the jury is asked to retire to consider its
verdict.
The Supreme Court
deals with the most serious criminal offences and important civil cases. It is
presided over by a Supreme Court Judge.
The swearing-in
is the process of putting a witness under oath or affirmation to tell the truth.
An oath or affirmation
is the solemn undertaking that witnesses make to tell the truth and that jurors
make to give a true verdict based on the evidence presented at the trial.
The Trial Judge
is the Judge presiding over the hearing. You should refer to the Judge as “Your
Honour”.
For further information
•
•
Refer to your summons, which lists contact details for further information. Your summons will also tell you
how to find out each day if you are required to attend court that day.
Look on the Internet at www.courts.qld.gov.au
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DIAGRAM OF A TYPICAL CRIMINAL COURT IN
QUEENSLAND
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Guide to Jury
Deliberations
Issued 2005
Introduction
After final addresses from counsel and the judge’s directions, the jury will be ready to begin deliberations. Please
take the time to read this booklet for suggestions on how to organise those deliberations, how to consider the
evidence and how to reach a verdict.
Subject to following the judge’s directions about the law, you are free to deliberate in any way you wish. These
are suggestions to help you proceed with the deliberations in a smooth and timely way.
Before you get started, it would be useful to consider the following guidelines:
•
Respect each other’s opinions and value the different viewpoints each juror brings to this case.
•
Be fair and give everyone a chance to speak in the deliberations.
•
It is okay to change your mind.
•
Listen carefully to one another, do not let yourself be bullied into changing your opinion, and do not bully
anyone else.
•
Do not rush into a verdict to save time. The people in this case deserve your complete attention and
thoughtful deliberation.
•
Do not make your own inquiries about the case or defendant (see relevant section of the Jury Act 1995
on page 12).
•
Follow the judge’s directions about the law.
Getting started
How do we start?
At first, you might want to:
•
Discuss your thoughts about the case.
•
Talk about how you want to go ahead with the deliberations and lay out some rules to guide you.
•
Talk about how to handle voting.
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The role of the jury speaker (Foreman)
When should the jury speaker (Foreman) be elected?
The judge may direct the jury regarding this, but generally you should elect your speaker at the first opportunity.
What are the responsibilities of the jury speaker / Foreman?
The jury speaker should:
• Encourage discussion that includes all jurors.
• Keep the deliberations focused on the evidence and the law.
• Let the judge know if the jury wants a break.
• Let the judge know when a verdict has been reached.
• Speak on behalf of the jury in court.
Does that mean the jury speaker’s opinion is more important than mine?
No. The opinion of each juror counts equally. There is no casting vote and every member of the panel must agree
on the same verdict/s.
Once elected, do we have to keep the same jury speaker?
No. The jury can agree to elect a different jury speaker at any time before delivering the verdict.
Getting organised
Are there any set rules to tell us how to deliberate?
No, but here are some suggestions:
Go around the table, one by one, to talk about the case.
• Have jurors speak up at any time, when they have something to say.
• Try to get everyone to talk by saying something like: “Does anyone else have something to add?”
• Do not be afraid to speak up and express your views.
• Show respect for the other jurors by letting them express their points of view and carefully consider their
opinions.
• Have someone take notes during your deliberations so that important points are not forgotten.
• Write down key points so that everyone can see them.
Discussing the evidence and the law
What do we do now?
First, review the judge’s directions on the law because the directions tell you what to do.
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Is there a set way to examine and weigh the evidence and to apply the law?
The judge’s directions will tell you if there are special rules or a set process you should follow. Always keep in
mind the judge’s directions about who bears the burden of proving various things in the case.
Otherwise, you are free to conduct your deliberations in whatever way is helpful.
Here are several suggestions:
• Consider the judge’s directions that define each charge (or civil claim, in a civil trial) and list each
separate element that makes up that charge (or civil claim).
• For each of these elements, review the evidence, both the oral testimony and the exhibits, to see if it has
been proven to the required standard.
• Consider the judge’s directions about the defences to each charge (or civil claim, in a civil trial).
• For each of the defences, review the evidence, both the oral testimony and the exhibits, to see if it has
been excluded to the required standard (in a criminal trial) or proven to the required standard (in a civil
trial).
• Discuss each charge (or civil claim), and each defence, one at a time.
• Follow the judge’s directions about the sequence in which you should consider alternative charges in a
criminal trial.
• Vote on each charge (or civil claim).
Voting
When should we take the first vote?
There is no best time. But if you spend a reasonable amount of time considering the evidence and the law and
listening to each other’s opinions, you will probably feel more confident and satisfied with your eventual verdict
than if you rush things.
Is there any correct way to take the vote?
No, any way is okay. You might vote by raising your hands, by a written ballot, or by a voice ballot.
What if we cannot reach a verdict after trying many times to do so?
Ask the judge for advice on how to proceed.
Getting assistance from the court
How do we go about getting assistance?
Write your question or request down on paper and ask the bailiff to give it to the judge. Do not talk to the bailiff
about your question or the case.
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What if we don’t understand or are confused by something in the judge’s directions, such
as a legal principle or definition?
Ask the judge, because each juror must understand the judge’s directions on the law in order to do the job
properly.
Is there any other assistance we can ask for from the judge?
Yes, you could ask:
• That the whole or part of the testimony of a witness be read back, as you will not be given a copy of the
transcript.
• Whether some word or principle could be further defined or explained.
Finishing deliberations for the day
What happens if our deliberations extend into the evening?
•
•
You will be given an evening meal.
At this time the bailiff will arrange for you to complete a form (if necessary), so that a message can be
sent to your family or friends to inform them that you’re still on jury service.
When will our deliberations finish for the day if they extend into the evening?
•
The judge will decide when your deliberations will finish for the day. If necessary, the judge will have the
sheriff make arrangements for the jury to be accommodated overnight. Arrangements will then be made
through the bailiff for your clothes and personal effects to be collected from your home. At the same time
a further message can be arranged to be sent to your family or friends.
The verdict
After we have agreed on our verdict/s, how do we give our verdict to the court?
The following steps are usually followed:
• The jury speaker tells the bailiff that a verdict has been reached.
• The judge calls everyone, including the jury, back into the courtroom.
• The judge’s associate asks the jury speaker if the jury has agreed on a verdict.
• The associate will then ask for the verdict on each charge.
• Once the jury speaker has stated the verdict, the associate will ask the jury collectively whether they each
agree with what the speaker has stated.
After the verdict
What happens after we have delivered our verdict?
The judge will discharge the jury.
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Once jury duty is over
Now that the case is over, what happens after the judge discharges the jury?
The bailiff will take the jurors back to the jury room to collect their personal belongings and escort them from the
court. If the deliberations have extended into the night, arrangements will be made to transport you home, if
necessary. Any juror who is concerned about travel arrangements at the end of the trial should tell the bailiff.
Can we talk to others about the case once we have been discharged?
•
Generally, no.
•
You should read the relevant section of the Jury Act 1995 on pages 12-15 dealing with confidentiality of
jury deliberations. Once the judge has discharged you from trial, you have completed your role. You
cannot be asked to explain how you reached your verdict.
•
You cannot reveal anything that was discussed by you during your deliberations. If any approach is made
to you to talk, by anyone who was not on your jury, you should report the approach to the sheriff or
registrar.
•
Once the trial is over you may talk to a registered medical practitioner or psychologist about your
experiences if you need advice or treatment as a result of your jury service.
How do we know we’ve done the right thing?
•
If you have tried your best, you have done the right thing. Making decisions as jurors about the lives,
events and facts in a trial is always difficult.
•
Regardless of the outcome of this case, you have performed an invaluable service for the people in this
case and for the system of justice in your community.
•
Thank you for your time and thoughtful deliberations.
•
Most jurors walk away from court feeling a sense of achievement.
•
However, it is also common to feel a little detached or confused after facing the intensity of the courtroom
and having been confined to a jury room with a group of strangers. You may also feel drained by the high
level of concentration required.
•
These feelings are a natural response to a different and challenging situation, and they generally pass in
a couple of days.
•
However, if you do experience ongoing distress or are concerned about how you are feeling, the Juror
Support Program may help you.
• A brochure about the program is supplied to all jurors after they are discharged. If you do not receive one,
contact the court and ask for one to be sent to you.
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