The Story (continued)
The
Start of Jury Deliberations:
A few of the men light up cigarettes and remove their
jackets, or wipe the sweat from their faces on "the hottest
day of the year."
The guard (James Kelly) exits and locks the jury room door from the
outside - startling a few of the men. Juror # 3 casually mentions to
Juror # 2 his belief that the case is "open-and-shut" against
the youngster - and he reveals his hidden biases: "If you ask
me, I'd slap those tough kids down before they start any trouble." #
12 expresses how "lucky"
they were to get an exciting murder case. # 7 is impatient to leave
to attend the evening ball game between the Yanks and Cleveland. #
11 concurs that the prosecuting attorney did an expert job, while #
10 reveals his biases:
It's pretty tough to figure, isn't it? A kid kills
his father. Bing! Just like that...It's the element...I'm telling
ya, they let those kids run wild up there. Well, maybe it serves
'em right.
Juror # 8 is deep in his own thoughts at the window,
until he is called to join everyone at the table.
Vote of 11 to 1:
The foreman presents two alternatives: should they
discuss things first and then vote, or "take a preliminary vote" immediately
to "see who's where"? The latter alternative is chosen,
and the vote is accomplished by the simple raising of hands. Six
of the jurors (# 1, 3, 4, 7, 10, and 12) quickly put their hands
up. After a slight pause - and because of peer pressure, jurors #
2, 5, 6, 11 and 9 hesitantly join them - with one lone dissenter,
Juror # 8. Juror # 10 shakes his head, clearly disbelieving and upset
by the lone dissenter: "Boy, oh boy, there's always one." #
8 votes not guilty, not because he is sure of the boy's innocence,
but because he wishes to talk about the serious case without emotionally
pre-judging the eighteen-year old boy, as # 3 does:
The kid's a dangerous killer, you could see it...He
stabbed his own father, four inches into the chest. They proved
it a dozen different ways in court, would you like me to list them
for ya?
Juror # 8 admits that he doesn't necessarily believe
the boy's story, but he feels that the accused is entitled to a thoughtful
weighing of the facts - the legal standard that they were given by
the judge:
It's not easy to raise my hand and send a boy off
to die without talking about it first...We're talking about somebody's
life here. We can't decide in five minutes. Supposin' we're wrong.
But Juror # 7 is firmly convinced of the boy's guilt: "You
couldn't change my mind if you talked for a hundred years." #
8 suggests not voting guilty in a hasty fashion, and proposes that
they discuss things for at least an hour. He reviews the sociological
background of the boy's childhood, while # 10 is accusatory and filled
with racial prejudice:
# 8: Look, this kid's been kicked around all of
his life. You know, born in a slum. Mother dead since he was nine.
He lived for a year and a half in an orphanage when his father
was serving a jail term for forgery. That's not a very happy beginning.
He's a wild, angry kid, and that's all he's ever been. And you
know why, because he's been hit on the head by somebody once a
day, every day. He's had a pretty miserable eighteen years. I just
think we owe him a few words, that's all.
# 10: I don't mind telling you this, mister. We don't owe him a thing.
He got a fair trial, didn't he? What do you think that trial cost?
He's lucky he got it. You know what I mean? Now look, we're all grown-ups
in here. We heard the facts, didn't we? You're not gonna tell me
that we're supposed to believe this kid, knowing what he is. Listen,
I've lived among them all my life. You can't believe a word they
say. You know that. I mean, they're born liars.
# 9: Only an ignorant man can believe that...Do you think you were
born with a monopoly on the truth?
Round-the-Table Explanation of Each Juror's Vote:
Juror # 12 suggests that the other jurors should attempt
to
"convince" Juror # 8 of the defendant's guilt - "that
he's wrong and we're right." Going around the table, each of the
jurors is given a minute or two. With common-sense questions, Juror
# 8 often responds with influential arguments and questions for the
others to consider:
Juror # 2 - Very meekly, the flustered Juror
# 2 struggles to put his opinions into words: "I just think
he's guilty. I thought it was obvious from the word 'go.' I mean,
nobody proved otherwise."
Counter-argument: Juror # 8 reminds the bank teller that "the
burden of proof is on the prosecution. The defendant doesn't even
have to open his mouth. That's in the Constitution."
Juror # 3 - Juror # 3 first asserts that he has "no personal
feelings," and just wants to discuss the "facts," about
how at ten minutes after twelve on the night of the killing, the old
man who lived under the room where the murder occurred heard loud noises
of a fight, and also heard the kid yell out at his father: "I'm
gonna kill ya."
A second later, he heard a body hit the floor. The old man ran to
his door, opened it up, and saw the kid running down the stairs and
out of the house. The coroner fixed the time of death around midnight.
According to # 3, "these are facts - you can't refute facts," and
the boy is definitely guilty.
Counter-argument: The eyewitness account of the old man is examined
later in the deliberations.
Juror # 4 - Juror # 4 states that the boy's entire alibi was
'flimsy."
He claimed that he was at the movies at the time of the killing,
yet one hour later, he couldn't remember the names of the films he
saw or who played in them. And no one saw him going in or out of
the theatre.
Counter-argument: Later on, Juror # 8 attacks this juror's own
ability to recollect small details.
(Interrupting the Order)
Juror # 10 - Juror # 10 believes that the testimony of the
woman across the street who witnessed the killing is conclusive.
The woman was lying in bed and couldn't sleep because of the heat.
She looked out her window and "right across the street," ("his
window is right opposite hers - across the el tracks") she
saw the kid "stick the knife"
into his father at precisely 12:10 am. # 10 claims that "Everything
fits." The woman witnessed the killing through the windows of
a passing, empty el train with its lights out.
Counter-argument: # 8 disputes # 10's trust in the ethnic woman's
testimony: "How come you believed the woman's (story)? She's one
of them, too, isn't she?"
Juror # 5 - Juror # 5 passes.
Juror # 6 - Juror # 6 admits being "convinced very early
in the case." He searched the case for a motive, and the testimony
of the people across the hall from the kid's apartment was "very
powerful"
and was "part of the picture" that helped him make up his
mind. They testified that they heard a fight or argument between
the father and boy around 8 o'clock that evening - the father hit
the boy twice and they saw the boy run angrily out of the house.
Counter-argument: # 8 denies that the testimony provided a "strong
motive. This boy's been hit so many times in his life that violence
is practically a normal state of affairs with him...I can't see
two slaps in the face provoking him into committing murder."
Juror # 7 - Nonchalantly, Juror # 7 stubbornly states that the
defendant's background doomed him to lead a criminal life: "It's
all been said. We could talk here forever, it's still the same thing.
This kid is 5 for 0. Well, look at his record. When he was ten, he
was in children's court. He threw a rock at a teacher. When he was
fifteen, he was in reform school. He stole a car. He's been arrested
for mugging. He was picked up twice for knife fighting...They say he's
real handy with a knife." [The Juror mis-spoke - he should have
used his baseball terminology to imply that the kid was a loser by
saying: 'this kid is 0 for 5.']
Counter-argument: # 8 points out that ever since the boy was
five years old, his father beat him up regularly.
Juror # 3: Reminded of his own family's personal crisis, Juror
# 3 tells the jurors of his own disrespectful, teenaged boy who hit
him on the jaw when he was 16. Now 22 years old, the boy hasn't been
seen for two years, and the juror is embittered: "Kids! Ya work
your heart out."
Support for # 7: Juror # 4 cites a study about how slum conditions
breed criminals: "This boy...a product of a broken home and a
filthy neighborhood. We can't help that. We're here to decide whether
he's innocent or guilty, not to go into the reasons why he grew up
the way he did. He was born in a slum. Slums are breeding grounds for
criminals...Children from slum backgrounds are potential menaces to
society."
Counter-argument: # 7's confident statement - with reinforcement
from # 10 ("the kids who crawl out of these places are real
trash") cause # 5, a man with slum-dwelling experience, to become
very uneasy and defend himself: "I've lived in a slum all my
life...I've played in backyards that were filled with garbage. Maybe
you can still smell it on me?"
Juror # 8 - After many days of listening to evidence in the
case, Juror # 8 evaluates the poorly-argued cross-examination by the "just
plain stupid" defense lawyer: "Everybody sounded so positive.
I began to get a pecular feeling about this trial. I mean, nothing
is that positive...I began to get the feeling that the defense counsel
wasn't conducting a thorough enough cross-examination." He also
reminds everyone that there was only one "alleged eye-witness" to
the killing, although there were others who heard the killing and
the flight of the boy, and there was also a lot of "circumstantial
evidence." He tries to instill doubt in the others regarding
the witnesses who testified under oath. Through a clever thought process,
he causes Juror # 12 to contradict himself and admit that the whole
case "isn't an exact science":
# 8: Supposing they're wrong...Could they be wrong?...They're
only people. People make mistakes. Could they be wrong?
# 12: Well no, I don't think so.
# 8: You know so.
# 12: Oh come on, nobody can know a thing like that. This isn't
an exact science.
# 8: That's right, it isn't.
Discussion of the Knife, the Murder Weapon:
The rotational order is broken when a discussion of
the knife that the defendant recently purchased interferes. Juror
# 8 requests that the very-unusual knife "in evidence" be
brought in for another look. The sequence of events related to the
knife are reviewed again:
- The boy went out of the house at 8 o'clock after
being 'punched' several times by his father
- He went to a neighborhood "junk shop" and
bought a switch-blade knife with a "very unusual carved
handle and blade"
- He met some friends in front of a tavern about 8:45
pm, and talked with them for about an hour
- The boy's friends identified the "death weapon"
in court as the "very same knife" that the boy had with
him
- The boy arrived home at around 10 o'clock, and claimed
he went to a movie about 11:30 pm, returning home at 3:10 am "to
find his father dead and himself arrested."
- The boy claimed that the knife fell through a hole
in his pocket on the way to the movies and that he never saw it
again
However, no witnesses saw the boy go out of the house,
or at the theatre, and the boy couldn't recall the names of the films
he saw. Juror # 4 doubts the boy's claims, believing that the boy
stayed home instead of going to the movies, had another fight with
his father and stabbed him to death with the "very unusual knife," and
then left the house at 12:10 pm.
Counter-argument: One of the film's most dramatic
moments is when Juror # 8 argues: "...It's possible the boy
lost his knife and somebody else stabbed his father with a similar
knife. It's just possible...I'm just saying a coincidence is possible." He
confounds the other jurors by introducing a new piece of evidence
that he has acquired. From his pocket, he produces a knife identical
to the one with which the boy allegedly stabbed his father, and sticks
it in the wooden table next to the other switchblade. He tells the
incredulous jurors that someone else could have bought an
identical $6 knife, like he did the night before, at a little pawn
shop in the boy's neighborhood just two blocks from the boy's house,
and used it to kill the boy's father. He exclaims: "IT'S POSSIBLE," as
the perfunctory Juror # 4 responds: "BUT NOT VERY PROBABLE."
Unconvinced, impatient - and increasingly hostile,
Juror # 10 accuses Juror # 8 of trying to stubbornly "hang" the
jury: "You're not gonna change anybody's mind." And Juror
# 7 is concerned that he'll miss his ball-game if they have a prolonged
stale-mate. Since # 8 realizes that he is the "only one" holding
up the others, he makes a risky gamble - he proposes another vote
with secret ballots (with himself abstaining):
I'm gonna call for another vote. I want you eleven
men to vote by secret written ballot. I'll abstain. If there are
eleven votes for guilty, I won't stand alone. We'll take in a guilty
verdict to the judge right now. But if anyone votes not guilty,
we stay here and talk it out.
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