Slide 2 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] instructed [8] Victor v. NebraskaU.S. Supreme Court [9] Slide 3
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. Slide 4 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. Slide 5 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 boys 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. Slide 6
Speakers Purpose LOGOSETHOSPATHOS How Did They Persuade the
Audience? Slide 7 The writer or speaker appeals to his/her own
credibility and character as a reasonable, reliable, and good
person. Ive lived in a slum all my life. Slide 8 Evokes audiences
EMOTIONS through hidden meanings, sarcasm, irony, hyperbole,
contrast, and repetition. Slide 9 Appeals to audiences LOGIC &
REASONING By constructing a logical, Well-reasoned Argument and
message; May include the use of a concession or counterargument.
Slide 10 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. Slide 11
Impressed with authority handles himself formally not overly bright
Slide 12 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 Slide 13 Very strong and forceful Extremely
opinionated Humorless man who is intolerant of others opinions
Accustomed to forcing his views and wishes upon others Slide 14
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 Slide 15 Nave, frightened
young man Takes his obligations seriously Finds it difficult to
speak up when his elders have the floor Slide 16 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 Slide 17 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 Slide 18 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 Slide 19 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 Slide 20 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
Slide 21 A refugee from Europe Speaks with an accent Is ashamed,
humble, almost subservient to others Honestly seeks justice because
he has suffered much injustice Slide 22 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
