Criminal Justice Process PDF

The Criminal Justice Process Standard: LPSCS-CJE-4 Describe the court system and process of a criminal trial. Lesson 1 of 4 Term of the Day: Custody The forceful detention of a person, or the perception that a person is not free to leave the immediate vicinity Arrest Elements of an Arrest...

The Criminal Justice Process Standard: LPSCS-CJE-4 Describe the court system and process of a criminal trial. Lesson 1 of 4 Term of the Day: Custody The forceful detention of a person, or the perception that a person is not free to leave the immediate vicinity Arrest Elements of an Arrest // Arrests with and without a Warrant // Miranda Elements of an Arrest Four elements that must be present for an arrest to take place: 1. The intent to arrest In a stop, though it may entail inconvenience and a short detention period, there is no intent on the part of the officer to take the person into custody. Therefore, there is no arrest. As intent is a subjective term, it is sometimes difficult to determine whether the officer intended to arrest. In situations when the intent is unclear, courts often rely on the perception of the arrestee. [Would a reasonable person believe they were free to leave?] 2. The authority to arrest State laws give police officers the authority to place citizens under custodial arrest, or take them into custody. 3. Seizure or detention A necessary part of an arrest is the detention of the subject. Detention is considered to have occurred as soon as the arrested individual submits to the control of the officer, whether peacefully or under the threat or use of force. 4. The understanding of the person that they have been arrested The person taken into custody must understand that an arrest has taken place. When a suspect has been forcibly subdued by the police, handcuffed, and placed in a patrol car, they are believed to understand that an arrest has been made. This understanding may be lacking if the person is intoxicated, insane, or unconscious. Arrests + Warrants Arrests with a Warrant ● ● ● When officers have established probable cause to arrest an individual who is not in police custody, they obtain an arrest warrant for that person. An arrest warrant contains information such as the name of the person suspected and the crime they are suspected of having committed. An arrest warrant does not give officers the authority to enter a dwelling without first announcing themselves. ○ Exception: Exigent circumstances ■ 1. Suspect is armed and poses a strong threat of violence ■ 2. Persons inside the dwelling are destroying evidence or escaping ■ 3. A felony is being committed at the time officers enter Arrests without a Warrant ● ● Arrest warrants are not always required. Most arrests are made on the scene without a warrant. An officer may make a warrantless arrest if: ○ ○ ○ ● The offense is committed in the presence of an officer, The officer has probable cause to believe that the suspect has committed a particular crime, or The time lost in obtaining a warrant would allow the suspect to escape or destroy evidence, and the officer has probable cause to make an arrest. Payton v. New York (1980): Officers cannot force themselves inside a dwelling to make a warrantless arrest even if they have probable cause (unless there are exigent circumstances or consent given). Miranda Warning Example You have the right to remain silent. If you give up that right, anything you say can and will be used against you in a court of law. You have the right to speak with an attorney and to have the attorney present during questioning. If you so desire and cannot afford one, an attorney will be appointed for you without charge before questioning. If you decide to answer questions now without a lawyer present, you have the right to stop answering at any time. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present? Miranda The Legal Basis for Miranda ● ● ● ● Fifth Amendment protection against self-incrimination Sixth Amendment right to an attorney Inherent coercion: The assumption that even if a police officer does not lay a hand on a suspect, the general atmosphere of an interrogation is in and of itself coercive In theory, if the Miranda warning is not given to a suspect before an interrogation, the fruits of that interrogation, including a confession, are invalid. When a Miranda Warning is Required ● Generally, Miranda requirements apply only when a suspect is in custody. ○ ● ● In subsequent rulings, the Supreme Court has defined custody as an arrest or a situation in which a reasonable person would not feel free to leave. A Miranda warning is only required before a custodial interrogation takes place. Custodial interrogation: occurs when a suspect is under arrest or is deprived of their freedom in a significant manner Miranda When a Miranda Warning is Not Required ● ● ● ● ● ● When the police do not ask the suspect any questions that are testimonial in nature When the police have not focused on a suspect and are questioning witnesses at the scene of a crime When a person volunteers information before the police have asked a question When the suspect has given a private statement to a friend or some other acquaintance During a stop and frisk, when no arrest has been made During a traffic stop Public Safety Exception ● Legal exception to the Miranda rule exists when the police’s duty to protect the public is more important than a suspect’s Miranda rights Waiving Miranda ● ● Suspects can waive their Fifth Amendment rights and speak to a police officer, but only if the waiver is made voluntarily. If the suspect indicates that they do not want to speak to the officer, thereby invoking their right to silence, the officer must immediately stop any questioning. Booking Jail Processing Procedures Booking Procedures After Arrest 1. Vital information is recorded An official will compile the suspect's name, contact information, the nature of the alleged crime (including the code section), and other vital statistics. Much of this information will be taken from the police citation or account of the incident. 2. Mug shot Next, the suspect stands for a series of photos collectively referred to as the "mug shot." These photos often indicate the suspect's height and include the date and other information tying them to the incident. 3. Clothing and personal property confiscated After the mugshot, the suspect may be provided with a jail uniform and must relinquish their own clothing and personal belongings. These items are held until the suspect is released, unless any contraband (such as a pocket knife or anything considered evidence) is found. 4. Fingerprinting An officer will then take an impression of the suspect's fingerprints, usually all 10 fingers from side to side (the suspect will "roll" their fingers in order to record all of the prints). If the crime in question has fingerprint evidence, they'll be compared to those of the suspect in order to either find a match or eliminate the suspect. The fingerprints are then kept in a database indefinitely. The suspect may also be asked to submit a saliva, hair, or other DNA sample. (See DNA Collection by State) 5. Full-body search This isn't a simple search, but requires the removal of all clothing and can be quite invasive. The purpose for the strip search is to make sure there are no weapons or drugs brought into the holding cell. Police conduct full-body searches even if the crime in question is relatively minor and doesn't involve violence or drugs. 6. Check for warrants Police conduct a search through the database for any outstanding warrants the suspect may have. Sometimes police are able to solve other crimes by chance if they pick someone up for an unrelated crime and find a match. 7. Health check Personnel will conduct a general health screening to make sure the suspect is neither in need of immediate care nor a threat to the officers or other suspects being held. This could include blood tests and even X-rays. 8. Incarceration Finally, the suspect will be placed in a holding cell or other secure facility to await trial or the posting of bail. Prior to placement, the suspect may be asked about gang affiliations or any other factors that may present problems in a confined space. Video: Real Responders ❘ Intake Lesson 2 of 4 Term of the Day: Release on Recognizance (ROR) A judge’s order that releases an accused from jail with the understanding that they will return of their own will for further proceedings. Pretrial Initial Appearance // Preliminary Hearing // Arraignment - Initial Appearance The defendant appears before the judge, who informs the defendant of the charges and their rights. The judge sets bail, the conditions under which the defendant can obtain release pending disposition of the case. [AKA Bond Hearing] - Grand Jury A grand jury determines if there is probable cause to believe that the defendant committed the crime. The federal government and about one-third of the states require grand jury indictments for at least some felonies. - Preliminary Hearing The prosecutor presents evidence and the judge determines whether there is probable cause to hold the defendant over for trial. - Indictment The charging instrument issued by the grand jury. - Information The charging instrument issued by the prosecutor. - Arraignment The defendant is brought before the trial court, informed of the charges, and asked to enter a plea. - Trial If the defendant refuses to plead guilty, they proceed to either a jury trial or a bench trial. The Steps Leading to a Trial - Plea Bargain A prosecutor’s promise of concessions in return for the defendant’s guilty plea. Initial Appearance + Bail Initial Appearance ● ● ● After an arrest has been made, the initial appearance is the first step toward determining the suspect’s guilt or innocence. A magistrate informs the defendant of the charges that have been brought against them and explains their constitutional rights- particularly, the right to remain silent and the right to be represented by counsel. This step usually happens within 48 hours of booking. Bail ● In most cases, the defendant will be released only if they post bail- an amount paid by the defendant to the court and retained by the court until the defendant returns for further proceedings. ○ ● ● Exception: Release on Recognizance (ROR) Defendants who cannot afford bail are generally kept in a local jail or lockup until the date of their trial. According to the Eighth Amendment, the amount of bail required must be reasonable relative to the seriousness of the wrongdoing. Grand Jury + Preliminary Hearing Grand Jury ● ● ● The group of citizens called to decide whether probable cause exists to believe that a suspect committed the crime with which they have been charged. Grand juries are impaneled for a period of time and hear only evidence presented by the prosecutor. If the grand jury finds that probable cause exists, it issues an indictment against the defendant. The indictment becomes the formal charge against the defendant. Preliminary Hearing ● ● ● ● During the preliminary hearing, the defendant appears before a judge who decides whether the evidence presented is sufficient for the case to proceed to trial. Normally, every person arrested has a right to this hearing within a reasonable amount of time after their initial arrest- usually , no later than ten days if the defendant is in custody or within thirty days if they have gained pretrial release. In most states, defense attorneys can take advantage of the preliminary hearing to begin the process of discovery, in which they are entitled to have access to any evidence in the possession of the prosecution relating to the case (see evidence before entering plea). Once the judge has determined probable cause, the prosecutor issues an information, which replaces the police complaint as the formal charge against the defendant for the purposes of a trial. Arraignment + Plea Bargain Arraignment ● ● ● ● Based on the information or indictment, the prosecutor submits a motion to the court to order the defendant to appear before the trial court for an arraignment. An arraignment is a hearing at which the prosecution announces the charges it has filed against the defendant and the defendant responds by pleading guilty or not guilty. Due process of law, as guaranteed by the Fifth Amendment, requires that a criminal defendant be informed of the charges brought against them and be offered an opportunity to respond to those charges. If the defendant pleads guilty, no trial is necessary, and the defendant is sentenced based on the crime they admitted to committing. Plea Bargain ● ● ● ● ● Plea bargaining most often takes place after the arraignment and before the beginning of the trial. It is a process by which the accused, represented by the defense counsel, and the prosecutor work out a mutually satisfactory disposition of the case, subject to court approval. Usually, plea bargaining involves the defendant pleading guilty to the charges against them in return for a lighter sentence. It offers the practical benefit of saving court resources. Accounts for 97% of criminal convictions in state courts. In the News: Plea Bargains Gunna Released from Prison After Plea Deal In the News: Plea Bargains Subway's Jared Reaches Plea Agreement in Child Porn Case Criminal Trial Pleading Not Guilty // Jury // Trial // Verdict // Appeal Pleading Not Guilty Despite the large number of defendants who eventually plead guilty, the plea of not guilty is fairly common at the arraignment. This is true even when the facts of the case seem stacked against the defendant. Generally, a not guilty plea in the face of strong evidence is part of a strategy to 1. Gain a more favorable plea bargain, 2. Challenge a crucial part of the evidence on constitutional grounds, or 3. Submit an affirmative defense (self-defense, insanity, duress, entrapment) Both prosecutors and defense attorneys may favor a trial to gain publicity, and sometimes public pressure after an extremely violent or high-profile crime will force a chief prosecutor to take a weak case to trial. In the News: Alex Murdaugh Pleads Not Guilty Jury ● ● ● ● ● The Sixth Amendment says that people accused of a crime shall be judged by an impartial jury. The Supreme Court has decided that defendants are entitled to a jury in all felony cases (Duncan v. Louisiana, 1968). The Court has, however, left it to the individual states to decide whether juries are required for misdemeanor cases. If the defendant waives their right to a trial by jury, a bench trial takes place in which a judge decides questions of legality and fact, and no jury is involved. The typical American jury consists of 12 persons. In most jurisdictions, jury verdicts in criminal cases must be unanimous for acquittal or conviction. If the jury cannot reach unanimous agreement on whether to acquit or convict the defendant, the result is a hung jury, and the judge may order a new trial. Jury Selection ● ● The main goal of jury selection is to produce a representative cross section of the population of the jurisdiction where the crime was committed. State legislatures set jury eligibility requirements and they are similar in most states. For the most part, jurors must be: ○ ○ ○ ○ ○ ○ ● U.S. citizens At least 18 years of age Free of felony convictions Healthy enough to function in a jury setting Sufficiently intelligent to understand the issues of a trial Able to read, write, and comprehend the English language Voir Dire: The preliminary questions that the trial attorneys ask prospective jurors to determine whether they are biased or have any connection with the defendant or a witness. Voir Dire: Selecting Jurors Lesson 3 of 4 Term of the Day: Burden of Proof The standard that a party seeking to prove a fact in court must satisfy to have that fact legally established [Trial] Opening Statements // Evidence // Testimony ● Opening statements: The attorneys’ statements to the jury at the beginning of the trial ○ A brief version of the facts and the supporting evidence that the attorney will present during the trial. ● Evidence: Anything that is used to prove the existence or nonexistence of a fact ○ ○ Testimony: Consists of statements by competent witnesses Real: Presented to the court in the form of exhibits and includes any physical items that affect the case. ● Testimony: Verbal evidence given by witnesses under oath ○ ○ Lay witness: A witness who can truthfully and accurately testify on a fact in question without having specialized training or knowledge. Expert witness: A witness with professional training or substantial experience qualifying them to testify on a certain subject. [Trial] Testimonial Evidence // Relevant Evidence // Prejudicial Evidence ● Two types of testimonial evidence may be brought into court: Direct Evidence: Evidence that establishes the existence of a fact that is in question without relying on inference (evidence that has been witnessed by the person giving testimony) ■ “I saw Bill shoot Linda.” ○ Circumstantial Evidence: Indirect evidence that is offered to establish, by inference, the likelihood of a fact that is in question ■ The defendant had a motive for harming the victim and was at the scene of the crime when the shooting occurred. Relevant Evidence: Evidence tending to make a fact in question more or less probable than it would be without the evidence. Only relevant evidence is admissible in court. Prejudicial Evidence: Evidence that may be excluded if it would tend to distract the jury from the main issues of the case, mislead the jury, or cause jurors to decide the issue on an emotional basis. ○ ● ● [Trial] The Prosecution’s Case // Examination // Hearsay Because the burden of proof is on the state, the prosecution is generally considered to have a more difficult task than the defense. The prosecutor attempts to establish guilt beyond a reasonable doubt by presenting the corpus delicti (“body of the offense”) of the crime to the jury. ● ● ● ● Direct examination of witnesses: The examination of a witness by the attorney who calls the witness to the stand to testify Cross examination: The questioning of an opposing witness during trial Redirect examination: After the defense has cross-examined a prosecution witness, the prosecutor may want to reestablish any reliability that might have been lost. The prosecutor can do so by again questioning the witness. ○ Each side has two opportunities to question a witness. Hearsay: An oral or written statement made by an out-of-court speaker that is later offered in court by a witness (not the speaker) concerning a matter before the court. [Trial] The Defendant’s Case // Reasonable Doubt // Defense Strategies After the prosecution has finished presenting its evidence, the defense attorney may offer the defendant’s case. Because the burden is on the state to prove guilt, the defense is not required to offer any case at all. ● Reasonable Doubt: insufficient evidence that prevents a judge or jury from convicting a defendant ○ Defense attorneys most commonly defend their clients by attempting to expose weaknesses in the prosecutor’s case. ○ Alibi defense - Submitting evidence that the accused was not at or near the scene of the crime at the time the crime was committed ○ Affirmative defense - The defense attempts to prove that the defendant should be found not guilty because of certain circumstances surrounding the crime. ■ Self-defense ■ Insanity ■ Duress ■ Entrapment [Trial] Closing Arguments Once each side is done presenting their case, the attorneys summarize their presentations and argue one final time for their respective cases. In most states, the defense attorney goes first, and then the prosecutor. ● Closing Arguments: Arguments made by each side’s attorney after the cases for the plaintiff and defendant have been presented. ○ An effective closing argument includes all of the major points that support the government’s or the defense’s case. It also emphasizes the shortcomings of the opposing party’s case. After closing arguments, the judge gives the jury a charge, summing up the case and instructing the jurors on the rules of law that apply to the issues in the case. [Trial] Jury Deliberation After closing arguments, the judge gives the jury a charge, summing up the case and instructing the jurors on the rules of law that apply to the issues in the case. ● ● After receiving the charge, the jury begins its deliberations. This takes place in complete seclusion. In extreme cases, the judge will order that the jury be sequestered, or isolated from the public, if deliberations are expected to be lengthy or the trial is attracting a high amount of interest and the judge wants to keep the jury from being unduly influenced. [Trial] Verdict // Hung Jury // Double Jeopardy Once it has reached a decision, the jury issues a verdict. The most common verdicts are guilty and not guilty, although juries may signify different degrees of guilt if instructed to do so. ● ● ● ● Verdict: A formal decision made by the jury. Hung jury: A jury whose members are so irreconcilably divided in their opinions that they cannot reach a verdict. ○ Following a hung jury, the judge will declare a mistrial, and the case will be tried again in front of a different jury if the prosecution decides to pursue the matter a second time. ○ Hung juries are relatively rare, accounting for only 6% of all cases. Jury Nullification: occurs when a jury returns a not guilty verdict even though jurors believe beyond a reasonable doubt that the defendant has broken the law Double Jeopardy: To twice place at risk (jeopardize) a person’s life or liberty. ○ Constitutional law (Fifth Amendment) prohibits a second prosecution in the same court for the same offense. ○ Exceptions - another jurisdiction may prosecute; civil suit; hung jury Lesson 4 of 4 Term of the Day: Unanimous In complete agreement Post-conviction Sentencing // The Appeal Process // Wrongful Conviction // Habeas Corpus Factors of Sentencing When making a sentencing decision, judges consider two factors above all others: 1. The seriousness of the crime a. Real offense: The actual offense committed, as opposed to the charge levied by a prosecutor as the result of a plea bargain 2. Mitigating and aggravating circumstances a. b. ● ● Mitigating circumstances: Any circumstances accompanying the commission of a crime that may justify a lighter sentence (Ex: defendant was coerced) Aggravating circumstances: Any circumstances accompanying the commission of a crime that may justify a harsher sentence (Ex: use of a weapon) Mandatory Sentencing Guidelines: Statutorily determined punishments that must be applied to those who are convicted of specific crimes. Habitual Offender Laws: Statutes that require lengthy prison sentences for those who are convicted of multiple felonies (Ex: Three Strikes Laws) Sentencing Example: In 2013, Judge Vic VanderSchoor sentenced Dennis Huston to sixteen years in prison for embezzling nearly $3 million from government agencies in Franklin County, Washington. Although Huston’s defense attorney asked for a lighter punishment because of his client’s age (66 years old), the judge’s decision was in keeping with the four main philosophies of sentencing. Philosophy Basic Principle Explanation Retribution Punishment is society’s means of expressing condemnation of illegal acts such as embezzlement. Dennis Huston “violated the trust of each and every citizen of the county,” according to Judge VanderSchoor. Deterrence Harsh sentences for embezzlement may convince others not to engage in that illegal behavior. Prosecutors said that Huston’s example would prevent other government employees “from going down that same road.” Incapacitation Incarcerated criminals are not a threat to the general society for the duration of their time behind bars. While in prison, Huston will be unable to commit embezzlement or any other white collar-crime. Rehabilitation Prison programs can help inmates change their behavior so that they no longer pose a threat to themselves or others. Huston reportedly used the stolen money to fuel his cocaine and gambling habits. While in prison, he can receive treatment and training to address these problems. Restorative Justice Victims have historically been restricted from participating in the punishment process. Such restrictions are supported by the general assumption that victims are focused on vengeance rather than justice. Research shows that after the initial shock of the crime has worn off, victims are more interested in concessions that have little to do with revenge, such as an opportunity to participate in the process, financial reparations, and an apology from the offender. ● Restorative justice: An approach to punishment designed to repair the harm done to the victim and the community by the offender’s criminal act ○ ○ ○ ○ ○ ● Offender involvement Victim involvement Victim-offender interaction Community involvement Problem-solving practices Restitution: Monetary compensation for damages done to the victim by the offender’s criminal act Legislative Sentencing Authority Because legislatures are responsible for making laws, these bodies are also initially responsible for passing the criminal codes that determine the length of sentences. ● ● ● ● Indeterminate sentencing: An indeterminate term of incarceration in which a judge determines the minimum and maximum terms of imprisonment Determinate sentencing: A period of incarceration that is fixed by a sentencing authority and cannot be reduced by judges or other corrections officials “Good time”: A reduction in time served by prisoners based on good conduct, conformity to rules, and other positive behavior Truth-in-sentencing laws: Legislative attempts to ensure that convicts will serve approximately the terms to which they were initially sentenced ○ ○ 40 states have some form of truth-in-sentencing laws For example, Illinois requires murderers to complete at least 85% of their sentences with no time off for good behavior. Judicial Sentencing Authority During trial, the judge’s role is somewhat passive. At a sentencing hearing, however, the judge is no longer an arbiter between the parties. They are now called on to exercise the ultimate authority of the state in determining the defendant’s fate. Within whatever legislative restrictions apply, the sentencing judge has a number of options when it comes to choosing the proper form of punishment. These sentences, or dispositions, include 1. 2. 3. 4. Capital punishment Imprisonment Probation Fines The Appeal Process There are two basic reasons for the appeal process: 1. Correct an error made during the initial trial a. A common appeal is that a decision from the judge was incorrect- such as whether to suppress certain evidence or to impose a certain sentence. 2. Review policy a. ● ● When existing law has ceased to be effective or no longer reflects the values of society, an appellate court can effectively change the law through its decisions and the precedents that it sets. Example: Miranda v. Arizona It is important to understand that once the appeal process begins, the defendant is no longer presumed innocent. The burden of proof has shifted and the defendant is obligated to prove that their conviction should be overturned. Direct appeal - In some states, capital punishment cases automatically get appealed. Wrongful Conviction The appeal process is primarily concerned with “legal innocence.” That is, appeals courts focus on how the law was applied in a case, rather than on the facts of the case. Wrongful Conviction: The conviction, either by verdict or by guilty plea, of a person who is factually innocent of the charges. ● ● The five most common reasons for wrongful convictions later overturned by DNA evidence: (1) eyewitness misidentification; (2) false confessions; (3) faulty forensic evidence; (4) false informant testimony; (5) law enforcement misconduct For the most part, wrongful convictions can be righted only with the aid of new evidence suggesting the defendant’s innocence. When such new evidence is uncovered, a prosecutor’s office can choose to reopen the case in order to acquit. Or, the defendant’s attorneys can use the habeas corpus procedure to restart court proceedings. Habeas Corpus ● ● ● ● [Latin for “you have the body”] Habeas Corpus: A judicial order (writ) that commands a corrections official to bring a prisoner before a federal court so that the court can hear the convict’s claim that they are being held illegally. A writ of habeas corpus differs from an appeal in that it can be filed only by someone who is imprisoned. Article I, Section 9 of the Constitution names habeas corpus as one of the limits on the power of Congress: “The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.” If the prisoner’s petition is successful, a federal court can issue a writ of habeas corpus, ordering that the prisoner be released from custody, reducing the sentence, or remanding the case for further proceedings. Source: Criminal Justice in Action, 8th ed. By Larry K. Gaines and Roger L. Miller Unit Review Crossword Puzzle Mock Trial The Case of A Stolen Car Courtroom Rules [The courtroom remains one of the last places where traditional ideals of formality and decorum are practiced.] ● The judge is boss. ● The bailiff and/or deputy is responsible for maintaining order in the courtroom. ● Disrespect of the judge, courtroom actors, or the justice process cannot be tolerated. ● Jurors may not leave the courtroom, converse, eat, or put their head down during the trial. ● Absolutely no cell phones, headphones, or electronic devices should be used, seen, or heard by anyone in the courtroom. ● Stand when you address the judge. (Even posture can convey your level of respect.) ● Outbursts, side conversations, and other distractions are inappropriate and can result in your removal from the courtroom. {Mock Trial Roles} ● ● ● ● ● ● ● ● ● ● ● ● ● Bailiff Judge District Attorney Public Defender Clerk Deputy District Attorney Guide Car Owner Court Reporter Police Officer Expert Defendant Jurors (+/- 12) Courtroom Setup Mock Trial Roles ● ● ● ● ● ● ● ● ● ● ● ● ● ● [Props: Key Deputy DA // Robe Judge // Vest Officer // Sheriff’s Badge Bailiff // Clipboard Guide] Bailiff: Judge: District Attorney: Public Defender: Clerk: Deputy District Attorney: Guide: Car Owner: Court Reporter: Police Officer: Expert (fingerprint examiner): Defendant: Foreperson (Juror 1): Jurors (2-12): 12 Angry Men By Reginald Rose {Read: Play} {Watch: Film} {Play} 12 Angry Men: Table Read Roles ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● Judge: Clerk: Guard: Narrator (stage directions): Foreman (Juror 1): Juror 2: Juror 3: Juror 4: Juror 5: Juror 6: Juror 7: Juror 8: Juror 9: Juror 10: Juror 11: Juror 12: Student-Led Deliberation 12 Angry Men: Student-Led Deliberation ❏ Select a foreman to lead the class. ○ ❏ The foreman will select a transcriber. ○ ❏ ❏ The foreman will guide deliberations and ensure the recorded responses accurately reflect student consensus. The transcriber will record responses to the questions on the dry erase board. As a class, discuss each question and develop one collective response for each. Everyone is expected to be an active participant, just like jurors on a jury. ***Responses must be unanimous.*** 12 Angry Men Deliberation Questions 1. What is the role of a jury in a criminal trial? 8. Should the trial have been a hung jury? Why or why not? 2. How many jurors must agree in order to reach a verdict? 9. Which juror do you think was most concerned about the outcome of the trial? Why? 3. What happens if the jury does not reach a verdict? 10. Which juror do you think was least concerned about the outcome of the trial? Why? 4. What must the prosecution prove in order to get a guilty verdict? 11. What are the most persuasive pieces of evidence in favor of the prosecution? 5. What is reasonable doubt? 12. What piece of evidence was the most convincing as proof of reasonable doubt? 6. Which characters base their decision on prejudice? How? 13. What is the overall message of 12 Angry Men? 7. Considering the communication styles of each juror, which style do you think is most effective at persuading others? Why? 14. Do you think the defendant was guilty or not guilty?