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Historical Context1:
Live Television Drama in
the 1950s
The decade of the1950s is known for its live dramas that were broadcast on television; known as the “golden area of television”;
During this period, television replaced radio and film as the primary entertainment for society
Live drama died out in the 1960s because new technology enabled productions to be filmed
1 Prestwick House: http://www.enotes.com/twelve-angry-men-prestwick-tu/
Author: Reginald Rose1
Born on December 10, 1920 in New York City
During WWII he served in the US army, ending his career as a first lieutenant
After the war he worked as a clerk, publically writing for Warner Brothers Pictures, writing short stories and novels
He became a regular writer for CBS’s Studio One, a weekly show that produced live drama
In that same year he wrote Twelve Angry Men, his most popular work to date, that was broadcasted on September 20, 1954
1 Prestwick House: http://www.enotes.com/twelve-angry-men-prestwick-tu/
History on
Twelve Angry Men
The play was inspired by Rose’s experience of jury service
The 12 “Angry Men” are the individuals that make up a trial jury for the purposes of hearing a legal case and interpreting the facts, and finally returning with a verdict of either guilty or not guilty for the accused
History of Criminal Law1
Early Juries◦ Trial by jury was brought to England in the mid 11th Century
(1066)
◦ In Medieval Europe, trials were usually decided by ordeals, where it was believed that God intervened, “revealing the wrongdoer and upholding the righteous”1
i.e. Ordeal by Water: the person who was accused was “tested” in water. If the accused floated then it meant he/she was guilty (surfacing to be punished), and if the accused sank, it meant that he/she was innocent…
◦ In 1215, the Catholic Church decided that truth by ordeal was merely superstitious, and they needed a more credible system
1http://moscow.usembassy.gov/root/pdfs/twelve-angry-men.pdf
Early Juries1 cont’d
The first jury was made up of local people who were expected to know the defendant
Jurors were to “say the truth” (nowadays it is called “deliberating toward a verdict”)
By the 14th Century, the role of the jury finally became that of judgment by evidence
By the 15th Century, trial by jury became the dominant mode of resolving legal issues, and it was not until centuries later that the jury assumed a more modern role of deciding on facts on that which is heard in a court of law
1http://moscow.usembassy.gov/root/pdfs/twelve-angry-men.pdf
Selection of a Jury1
A large group of citizens are called to appear before the court for jury duty (usually receiving a letter in the mail)
Each state has its own qualifications for those who may be eligible to serve on a jury
Universally, jurors must be:
◦ citizens of that nation
◦ be local residents
◦ of majority age,
◦ of approved integrity (others must vouch for the “character” of that individual)
Both the prosecution and the defense examine the jurors to determine whether cause for challenge in any particular case exists
There are many disqualifications and exemptions from being a juror, which you will explore in an activity shortly
1http://moscow.usembassy.gov/root/pdfs/twelve-angry-men.pdf
Function of a Jury1
Whether evidence is properly admissible or not (allowed or not) is a question for the court, but the weight and credibility of that evidence is determined by the jury
After the evidence has been presented, the two counsels, first the prosecution then the defense, “sum up” their arguments in a manner that is favourable to their own side
The judge makes a charge to the jury about the rules of law applicable in that particular case and sends them off to deliberate
Juries deliberate (consider and talk out the facts, arguments, testimony, evidence) until they reach an agreement (unanimous in criminal trial) and return to the court with a verdict as to the guilt or innocence of the defendant
1http://moscow.usembassy.gov/root/pdfs/twelve-angry-men.pdf
Law of Evidence1
Burden of Proof
◦ Burden of producing evidence beyond all reasonable doubt (persuading the jury to believe) rests with the prosecution to prove guilt
Relevance
◦ Evidence is relevant when it has a tendency to prove or disprove disputed facts
i.e. eyewitness testimony is relevant because it can prove an event happened
1http://moscow.usembassy.gov/root/pdfs/twelve-angry-men.pdf
Law of Evidence1 cont’d
Hearsay
◦ Statements made outside of court by someone who is not present to testify under oath at trial
One reason for excluding this evidence is because cross-examination can’t occur, which is the opportunity for one side to ask questions to that witness in hopes of refuting his/her information/credibility
1http://moscow.usembassy.gov/root/pdfs/twelve-angry-men.pdf
Law of Evidence1 cont’d
Witnesses
◦ Nearly all persons with knowledge relevant to the case can testify
◦ Expert witnesses can also be called on, which are experts in their field of work and can interpret findings, examine situations, forensics, etc.
i.e. psychologist, medical doctor, coroner
1http://moscow.usembassy.gov/root/pdfs/twelve-angry-men.pdf
About the Play
The play deals with the sensitive issues of prejudice and racism, relying heavily on the portrayal of stereotypes
You must be alerted to the fact that the views of the jurors, as improper as they are (mid 20th
Century), did influence the jury system/decisions for many years
This controversy emphasizes the play’s important theme of justice prevailing, even if one person stands up for what is right