In the United States, juries must be
instructed to apply the
reasonable doubt standard when
determining the guilt or
innocence of a criminal
defendant, but there is much
disagreement as to whether the
jury should be given a definition
of "reasonable doubt."[8] In
Victor v. Nebraska, the U.S.
Supreme Court expressed
disapproval of the unclear
reasonable doubt instructions at
issue, but stopped short of
setting forth an exemplary jury
instruction.[9]
reasonable doubt:
n. not being sure of a criminal defendant's guilt to a
moral certainty. Thus, a juror (or judge sitting without a
jury) must be convinced of guilt of a crime (or the
degree of crime, as murder instead of manslaughter)
"beyond a reasonable doubt," and the jury will be told
so by the judge in the jury instructions. However, it is a
subjective test since each juror will have to decide if
his/her doubt is reasonable.

A hung jury is a slang term
for a hopelessly deadlocked
jury in a criminal case, in
which a decision on guilt or
innocence cannot be made.
Usually it means there is no
unanimous verdict ,
although a couple of states
don't require a unanimous
verdict to convict. A mistrial
will be declared by the
judge in the case of a hung
jury, and a new trial with a
new jury is required.
Rhetoric is the art of using language
effectively in order to persuade. In
Twelve Angry Men Juror #8 and Juror #3
have different purposes for gaining the
other jurors’ favor when they present
their evidence. Juror #8 wants to
rationalize the boy’s actions while Juror
#3 desires that the jurors condemn the
boy. Both men attempt to gain the other
jury members’ favor by the use of ethos,
pathos, and logos.
LOGOS
Speaker’s
Purpose
PATHOS
ETHOS
How Did They Persuade the
Audience?
I’ve lived in a slum
all my life….
The writer or speaker appeals to
his/her own credibility and
character
as a reasonable, reliable,
and good person.
Evokes audience’s
EMOTIONS
through
hidden meanings,
sarcasm,
irony, hyperbole,
contrast,
and repetition.
Appeals to audience’s
LOGIC &
REASONING
By constructing a
logical,
Well-reasoned
Argument and
message;
May include the use
of a concession or
counterargument.
 These
twelve jurors have just
heard the trial of an 18 year
old boy who is accused of
killing his father.
 His father was abusive.
 They lived in the ghetto of
the city.
 The evidence is questionable
to some, to others it is clear.
 The jurors MUST reach an
unanimous verdict or a
mistrial will be ordered.
 Impressed
with
authority

handles himself
formally
 not
overly bright
 Meek
 Hesitant
and finds it
difficult to maintain any
opinions of his own
 Easily
swayed
 Adopts
the opinion of the
last person who has
spoken
 Very
strong and
forceful
 Extremely
opinionated
 Humorless man who
is intolerant of other’s
opinions
 Accustomed to
forcing his views and
wishes upon others
 Wealthy
 Presents
himself well at
all times
 Thinks he is better than
everyone else
 Appalled at the
behavior of the other
jurors
 Only concerned with
the facts of the case
 Naïve, frightened
young man
 Takes
his obligations
seriously
 Finds
it difficult to
speak up when his
elders have the floor
 Honest
man
 Makes
his decisions slowly
and carefully
 Finds
it difficult to make
positive opinions
 Has
to listen and digest
opinions of others that he
finds appeal to him
 Loud, flashy
salesman
 Feels
he has more
important things to do
than to be on this jury
 Quick tempered
 Forms quick opinions on
things he knows nothing
about
 He is a bully, and a
coward
 Quiet, thoughtful, gentle
man
 See all sides to every
question
 Constantly seeks the
truth
 Has strength tempered
with compassion
 Wants justice done and
will fight to make sure it
is done
 Mild, gentle
old man
 Feels defeated by life
 Waiting to die
 Realizes exactly what he
is
 Mourns for days when
he would have been
able to be courageous
 Angry, bitter
man
 Antagonizes
everyone
A
bigot who holds no
value for any life but his
own
A
man who has gone no
where and is going no
where
A
refugee from Europe
 Speaks with an accent
 Is ashamed, humble,
almost subservient to
others
 Honestly seeks justice
because he has suffered
much injustice
 Bright
advertising man
 He
thinks of individuals in
terms of percentages,
graphs, polls, etc.
 Has
no real
understanding of people
 Superficial
snob, but tries
to be a good guy