Lesson Five
Part One
The Twelve Angry Men
Warm-up
1. About the author
Reginald Rose: one of the leading writers from television's “Golden Age”
in the 1950s, who was best known for the movie “Twelve Angry Men”.
Rose died of complications from heart failure at age 81 in Norwalk,
Connecticut.
Distinguished works:
Rose won an Emmy Award in 1954 for writing the Studio One television
version of "Twelve Angry Men", in which one juror painstakingly sways
the 11 others debating the fate of a Puerto Rican youth charged with killing
his father. Rose received an Academy Award nomination for the screenplay
of the 1957 film version, which starred Henry Fonda, who co-produced the
movie with Rose. 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 and was also nominated for best picture that
year. Rose, a native New Yorker whose work was distinguished by his
focus on social and political issues, won three Emmy Awards and was
nominated for six.
2. Do you know?
Do you know how the author comes to write this play? Here is what the
author said:
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“Twelve Angry Men” is the only play I’ve written which has any relation
at all to actual personal experience. A month or so before I began the play I
sat on the jury of a manslaughter case in New York’s General Sessions
Court. This was my first experience on a jury, and it left quite an
impression on me. But, strangely, the moment I walked into the courtroom
and found myself facing a strange man whose fate was suddenly more or
less in my hands, my entire attitude changed. I as hugely impressed with
the almost frightening stillness of the courtroom, the impassive, masklike
face of the judge, the brisk, purposeful scurrying of the various officials in
the room, and the absolute finality of the decision I and my fellow jurors
would have to make at the end of the trial. I doubt whether I have ever
been so impressed in my life with a role I had to play, and I suddenly
became so earnest that, in thinking about it later, I probably was
unbearable to the eleven other jurors.
In writing this play, I attempted to blend four elements which I had seen
at work in a jury room during my jury service. These elements are: (1) the
evidence as remembered and interpreted by each individual juror (the
disparities here were incredible); (2) the relationship of jury and juror in a
life-and-death situation; (3) the emotional pattern of each individual juror
and (4) the physical problems such as the weather, the time, the
uncomfortable room, etc. All of these elements are of vital importance in
any jury room, and all of them presented excellent dramatic possibilities.
3. Warming-up questions
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1) Suppose the same crime was committed nowadays, what would the
court do to find out the truth? (Would there be any DNA testing or detailed
forensic evidence?)
2) Do you think it is fair to endow a jury with the full responsibility to
decide whether a suspect is guilty or innocent? How do you understand the
role of a judge in a court and that of a jury?
Part Two
Background Information
I. American Court System
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.
II. Jury System & Jurors
1. Who can be a jury member?
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
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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.
2. 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.
Part Three
Text Appreciation
I. General Introduction
Plot: A young delinquent awaits sentencing for the manslaughter of his
aggressive father. One juror feels there is a reasonable doubt—to the
frustration of his eleven colleagues—thus preventing a quick verdict.
During the heated deliberations, the hidden preconceptions and prejudices
of the jurors are revealed.
Setting: jury room
Protagonists: 12 jurors
Theme: "Twelve Angry Men" is about one individual's ability to stand up
for what he believes, even when others ridicule him. It is also a powerful
study not just of the criminal justice system, but also of the diversity of
human experience, the nature of peer pressure, and the difficulty of ever
fully knowing the truth.
II. Text Analysis:
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1. a boy charged with murdering his father. (1)
Notice that we say "to be charged with", but "to be accused of".
Notice also that "to charge" means to state officially that someone is
guilty of a crime.
2. Now you fellows can handle this any way you want. (Para. 2)
“This” refers to the deliberation of the jurors.
Notice the difference between “any way” and “anyway”.
-He may not like to see me, but I’m going anyway.
-You can do it any way you want. I don’t care. I just want the result.
-He is desperate. He has to find that money any way.
3. I think it's customary to take a preliminary vote. (3)
I think it is a common practice (or. our custom) to take a vote first just
to find out where we are before we start our discussion, e.g.
preliminary, happening before sth that is more important, often in
order to prepare for it;
.
4. Maybe we can all get out of here. (4)
No. 7 means that if everyone agrees that the boy is guilty, then they
can take the verdict to the court and get the whole thing over and done
right away. He is eager to get out of this jury room because it is hot and
besides he has a ticket for a football game for that evening which he does
not want to miss. These interesting details have been cut out with great
reluctance because the text is too long for our purpose.
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5.... we've got to send him to the chair (5)
... we've got to send him to the electric chair (to be electrocuted)
6. Now we know where we are. (Para. 5)
Now we know what everybody’s attitude is.
7. That's old enough. (10)
The boy is old enough to be held legally responsible for his actions.
He has reached the legal age for which the law can punish him for his
crimes.
8. Then what DO you want? (12)
In spoken English the auxiliary verb "do" can be used or just
stressed to give emphasis to the main verb. In writing, it is often
capitalized.
9. Then how come you vote not guilty? (16)
Then how is it (why is it) that you vote not guilty?
10. You know, (he was) born in a slum, his mother (was) dead since he
was 9, (and he)lived a year and a half in an orphanage when his father
was serving a jail term for forgery. (Para. 19)
In spoken English, elliptical sentences are common. (ellipsis)
11. I just think we owe him a few words. (19)
The society has not treated the boy very well. Therefore we should
at least talk a little bit before we send him to the chair. The boy has a right
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to that. We should do it for him.
12. What do you think that trial cost? (20)
According to the U.S. law any citizen has a right to a proper trial, and
if he can't pay, the trial will be paid by the government. That's why No. 10
here reminds No. 8 angrily that the boy has cost a lot of public money.
13. Since when is dishonesty a group characteristic? (21)
I'm surprised to hear you say that as if dishonesty has ever been a
group characteristic. This is a retort to No. 10's remark from No. 9 who is
opposed to stereotyped opinions about the poor people. Some individuals
are dishonest. They might be rich or poor. It has nothing to do with the
social group they belong to. To condemn a whole group of people as
immoral oz inferior is the common attitude of racists and other bigots.
14.... we might be able to show him where he's mixed up. (23)
... we might be able to show him where he is wrong.
to be mixed up: to be confused because there are so many details
15. It's hard to put into words. I just think he's guilty. I mean nobody
proved otherwise. (26)
It's hard to express my views. I just think he's guilty. I mean
nobody proved him innocent.
16. Innocent until proven guilty. The burden of proof is on the
prosecution. (27)
The American legal system is based on the confrontation principle
with the prosecutor trying his utmost to prove the accused guilty and the
defense lawyer trying his best to prove his client not guilty. When all the
facts are out, then the jury makes a decision.
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17. I'm just as sentimental as the next fellow. I know he's only eighteen.
(29)
I'm just as tender-hearted as the other people. I'm not callous or
unfeeling.
Notice that No. 3 is being sarcastic by using the word "sentimental"
because he considers himself a tough-minded man who will not allow
feelings to interfere with his judgment like old women.
18.... the boy's story was flimsy. (30)
the boy's explanation was unconvincing; his argument was
weak.
flimsy: thin, weak, feeble as in "flimsy dress",
"flimsy cloth", "flimsy
building" "flimsy evidence", "flimsy argument", "flimsy excuse" etc
19. You don't believe the boy's story. How come you believe the
woman's? She's one of THEM, too, isn't she? (36)
No. 8 is pointing out a flaw in No. 10's logic. No. 10 first says that
you can't believe those slum people, then he begins to quote one of those
people's testimony, but he is not aware of his self-contradiction.
20. It's just part of the picture. (45)
It's just part of the whole case. It is somehow related to the whole
matter.
Notice that the speaker cannot explain the logical connection. His
tone is uncertain.
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21. It may have been two too many. Everyone has a breaking point.
(Para. 47)
These two slaps may have been beyond his limit of endurance. The boy
has been kicked around so often that he may have been reaching the
breaking point when the two slaps come.
A breaking point: “The last straw on camel’s back”
It is said that this is a quotation from chapter 2 of Charles Dickens’
Dombey and Son (1848): “As the last straw breaks the laden camel’s back,
this piece of underground information crushed the sinking spirits of Mr.
Dombey.” This colorful variant of the older “last feather that breaks the
horse’s back” is now proverbial as “it is the (last) straw that breaks the
camel’s back.” It means the final (perhaps small) blow which makes
matters insupportable.
22. This is a real fine boy. (49)
Notice the ironical use of the word "fine". The speaker of course
means the opposite.
23. So would I. A kid like that! (51)
I would beat him up too if I had a kid like that.
24. I think we’re missing the point here. (Para. 52)
missing the point: branch out to something irrelevant
make a point 证明论点正确
miss the point
see the point
懂得要点
不得要领，不懂妙处，偏离正题
come to the point
谈正题
get to the point
谈正题
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prove one’s point
证明观点
25. We can't help that. (52)
We can't change that. There is nothing we can do about it.
26. And all slums are breeding grounds for criminals. (52)
And all slums are places which produce criminals.
27. I began to got a peculiar feeling that the defense counselor wasn't
conducting a thorough enough cross-examination. He let too many
things go by, little things. (58)
For poor people who can't afford to hire their lawyer, the law says
in the U. S. that a lawyer will be provided for them by the government.
However that kind of lawyers usually do not take their duty very seriously
because there is no incentive for them, no money, nor glory attached to it.
In fact lawyers usually try to avoid this kind of duty if they can.
28. You pulled a real bright trick. Now suppose you tell me what it
proves. Maybe there are 10 knives like that. So what? The discovery of
the age or something? (76)
to pull a trick: (colloq) to perform or carry out a really clever trick
Now suppose you...: No. 3 is here challenging No. 8 to tell him
what it proves because he thinks that it doesn't prove anything. Notice the
sarcastic tone he uses.
So what? 那又怎么样呢? Used as an impolite response showing
that the speaker does not care about what another has just said.
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29. to hang the jury(79)
to make the jury unable to reach a unanimous decision
30. I've got a proposition to make to all of you. (84)
I've got a proposal to make to all of you.
“Proposition” is
formal.
31. we'll stay here and talk it out. (84)
to talk it out: to discuss it thoroughly until we reach a final
decision.
Compare:
I had to sit out that boring performance.
Please hear me out.
Time is running out.
The fire went out.
They seemed to be determined to fight it out.
32. Brother, you really are something. (88)
something: an important or remarkable person
This is an ironical statement.
Love is nothing, to be loved is something, love and to be loved is
everything.
33. And then some golden-voiced preacher started to tear your poor
heart out about a poor kid, and so you changed your vote. This is the
most sickening ... Why don't you drop a quarter in the collection, box?!
(88)
Notice that No. 3 is using the word "preacher" in a derogatory sense,
referring to a person who is always giving unwanted advice on morals and
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behavior in a persistent and annoying way. "Golden-voiced" is also used
ironically. Preachers often speak in an affected way to strike awe in the
hearts of the listeners.
Why don't you drop a quarter in the collection-box? Why don't you
just donate some money in the church if that will make you feel better?
34. It's like talking to a dead phone. (99)
It's no use talking to him. It's like talking to the wall. He simply does
not listen.
35. What are you getting at? (103)
What are you trying to say? What is the point you are trying to make?
What are you suggesting?
III. Writing Devices
1. Irony
the discrepancy between what is said and what is meant, what is said and
what is done, what is expected or intended and what happens, what is
meant or said and what others understand
“Irony” comes from the Greek word “eiron”, meaning a man who makes
himself appear less than he is. When Odysseus returned at last from Troy,
h e appeared to be a ragged beggar, not the rightful King of Ithaca. No one
paid attention to him until he revealed himself by stringing his own
bow—which none of his wife Penelope’s suitors, or anyone else, had the
strength to do.
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Irony: examples
Brother, you really are something. You sat there and voted guilty like the
rest of us. And then some golden-voiced preacher started to tear your poor
heart out about a poor kid, and so you changed your vote. (Para. 88)
This is a real fine boy. (Para. 49)
It must be delightful to find oneself in a foreign country without a penny in
one’s pocket.
I stayed in the hospital ten days with my sister who was dying. Barbara,
my ex-best friend, came to my house to look after my children. She helped
things out and took my things out. She did help!
2. Sarcasm
Sarcasm is one kind of irony; it is a praise which is really an insult;
sarcasm generally involves malice, the desire to put someone down, e.g.,
"This is my brilliant son, who failed out of college."
e.g. “How unselfish you are!” said Ellen in sarcasm as her sister took the
biggest piece of cake.
When children call a boy “Four Eyes” because he wears glasses, they are
speaking in sarcasm.
3. Paradox
a statement whose two parts seem contradictory yet make sense with more
thought
Christ used paradox in his teaching: "They have ears but hear not." Or in
ordinary conversation, we might use a paradox, "Deep down he's really
very shallow." Paradox attracts the reader's or the listener's attention and
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gives emphasis.
Examples: More haste, less speed.
In fact, it appears that the teachers of English teach English so poorly
largely because they teach grammar so well.
IV. Law Terms
宪法
Constitutional Law
行政法
Administrative Law
Law of Nations
Fiscal Law
Criminal Law
民法
Civil Law
万国公法
刑法
国际法
International Law
财政法
Civil Suit Law, Code of Civil Law
Conscript Law
兵役法
民事诉讼法
著作权法
Copyright Law
penal code 刑法典
civil rights
right of asylum 避难权
(customs) duties
death duty, death tax
遗产税
court of first instance
一审法院(庭)
royalties
民事权利，公民权利
关税
版税
criminal court
刑事法院(庭)
civil court 民事法院(庭)
regional court, Court of Appeal
Court of Cassation
地区法院
上诉法院
High Court 高级法院 (美作: Supreme Court)
International Court of Justice (联合国) 国际法院
conciliation board in industrial disputes
劳工纠纷调解委员会
arbitration tribunal, court of arbitration
仲裁法庭
juvenile court
Law Courts
少年法庭
court-martial
军事法庭
法院，法庭
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National Audit Office
审计委员会 (美作: Committee on Public
Accounts)
属于法律管辖权限之内
to fall within the competence of a court
The Bar
律师席
judge
presiding judge 庭长，首席法官
法官
legal adviser
法律顾问
地方预审法官 judge in appeal
examining magistrate
上诉法官
少年法庭法官
juvenile court judge
public prosecutor 公诉人，检察官 (美作: district attorney)
首席检察官，检察长
attorney general
jury 陪审团
juror
律师，法律顾问
lawyer, solicitor
barrister
出庭律师 (美作: attorney, lawyer)
见习律师
assistant lawyer
counsel for the defence
attorney
陪审员
辩护律师，被告律师
代诉人，代理人
notary
to plead, claim 辩护
辩护
公诉书，刑事起诉书
起诉书中列举的罪项
count of indictment
to plead guilty
plea
证词
deposition, evidence
indictment, charge
公证人
服罪
on oath 发誓
sworn statement
accuser
誓词
原告
plaintiff 原告
the opposing party, the other side
对方当事人
accused, defendant
被告
guilty party, culprit
有罪一方，当事人
delinquent, offender
罪犯
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recidivist
complicity
惯犯
同谋，共谋
harbourer 窝藏(罪犯) (美作: harborer)
前科，犯罪记录
criminal record
inquiry 询问，调查
summary
共犯
accomplice
proceedings (诉讼)程序
hearing
速审
审讯，审问
interrogatory, examination
讯问，质
问
听证，听取证词
hearing of witnesses
domiciliary visit, house search
evidence, exhibits
summons
证据
传票
保释
to sue, to prosecute
alibi
不在犯罪现场
warrant for arrest
responsibility, liability
release on bail
住宅搜查
责任
on probation
逮捕证
缓刑
release on parole
假释
起诉，提起公诉
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