Courtroom Dictionary Stella Abadi Alfie 10C Subject: English
1. Objection: It is a motion during a trial that disallow evidence. 2. Justice: It is a concept based on moral rights. 3. Jail: A prison, for the detention for persons that commit a crime. 4. Guilty: Committed a crime, violation or wrong against moral law. 5. Innocent: Free from moral wrong. 6. Lawyer: A person that his profession is to defend people in a court. 7. Charges: To ask for a fee or price. 8. Witness: To be see, heard or known by a person. 9. Fair trial: A trial that is conducted with fair and justice. 10. Officer: A policeman, that works to protect the citizens. 11. Prosecution: People that fight against the person in trial. 12. Case: A particular situation. 13. The accused: The person on trial. 14. The verdict: The decision if the person is guilty or innocent. 15. The defense: A person against whom the law is accusing. 16. Court: A form of tribunal with authorities with legal works. 17. Constitution: The book of laws. 18. Evidence: Information presented used to persuade the judge to decide the case in favor of one of the sides. 19. Testify: The testament the witness gives. 20. Jury: A body of people that give the verdict in a case.
Expressions: -Call your next witness. -Defendant will be remanded. -Will the people in the well of the courtroom please stand. -You have exhausted that subject, please move on. -Will the record reflect that the witness has identified the defendant. -State your full name for the record. -Poll the jury. -See if you recognize it. -I direct the jury to disregard the statement that …
-Counsel, lay a foundation.
Stages of a Criminal Case: The Arrest -‐ What leads to a person being arrested? What is an arrest warrant and what does it contain? A person is arrested because of criminal activity or charges. they person is judge by a body of people that work as a justice system and either the person is set free and declare not guilty or declare guilty and arrested. An arrest warrant is an authorization that gives the state to arrest or give detention to an individual. Booking and Bond -‐ Investigate the different types of bonds and what does a bondsman do? A bondsman is a person or corporation that helps to pay the bail if the person accused in court is not able to afford it. The three main types of bonds are: Bills, notes and bonds. The Arraignment – Describe this process. Arraignment is the first court, it reads criminal charges against the defendant, the criminal has a defense lawyer, the possibility of reduce bail or release the defendant on his own good behavior and set up dates for the future proceedings in the case. Plea Bargain – When is a plea deal offered? What happens after this is offered? Why can a plea bargain be beneficial? It is when the prosecutor offers the defendant the opportunity to plead guilty and this gives a lesser charge than the original and a recommendation of less time in sentence. It is beneficial to the criminal because he gains less time in prison and less charges. Preliminary Hearing – What happens during a preliminary hearing? It is used to determine whether there is enough evidence to require a trial. During it the court decides either if there is a probable cause and the prosecution will continue, if the court thinks there is no probable cause the prosecution will cease. Pre-‐trial Motions – What are these and what is their purpose? It is before the criminal goes to trial, the prosecutor and the defense appear before the criminal court judge and make a pre-‐trial, with evidence that should be kept out of the trail and certain persons cannot testify. The Trial – Give a brief description of the process of a trial. (Mention jury selection, opening statements, the presentation of the case, the closing statements and the deliberation of the jury.) In a trial at first 12 people vote wether if the person is guilty or innocent, the one that chooses innocent needs to give facts and if everyone votes guilty the person goes to jail. This is a process were people give witnesses of the situation and facts to make the correct decision.
Sentencing – What may you face if found guilty? How does a judge choose the sentence given? When being guilty you can pay a debt or you pay by being in jail, the judge chooses this with the votes of the juries and the facts. Appeal Process – Explain what this means. It is a decision by the trial to make the decisions to a federal court. http://criminal.findlaw.com/crimes/criminal_stages/criminal_pre_trial_motio ns/ http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/Ho wCourtsWork/TheAppealsProcess.aspx http://es.wikipedia.org/wiki/Trial
Protagonist: Juror 8 Antagonist: Juror 3 (juror 10) Setting-‐time: It happened in 1950´s. Context: Death penalty still existed, women and black people had no rights, WWII was over. Setting-‐Place: In a court room in New York City, America. Internal conflict: Subconscious, the juror 8 didn’t want to send the kid to the chair. Quote: NO. 8: There were eleven votes for guilty. It's not so easy for me to raise my hand and send a boy off to die without talking about it first. External conflict: Man Vs. Man. All the jurors were fighting and no one supported juror 8. Quote: FOREMAN: Nine... ten ... eleven... That's eleven for guilty. Okay. Not guilty? (NO. 8's hand is raised.) One. Right. Okay. Eleven to one, guilty. Now we know where we are.
Rising Action 1. A case of a boy that facts said he killed his own father with a knife. 2. It starts with the first voting by the jury, the results are 11-‐guilty, 1-‐not guilty. 3. If the boy is guilty he would be send to the chair since the punishment was the death penalty. 4. Jurors start to give juror 8 facts for him to vote guilty. 5. To prove the innocence of the boy, they start analyzing the situation and find out that the woman wasn´t able to watch the scene since she used glasses, the old man couldn’t move that fast from his room to the entrance of the house, the knife couldn’t be used by a kid that short, and the train make too much noise so she wasn’t able to hear when he shouted his father I´m going to kill you.
Climax The jury changes their thoughts about the incident and the votes changes to six guilty and six not guilty.
Falling action 1. After more discussion and arguments the votation changes to eleven not guilty to one guilty. 2. The jury starts to convince the other juries that the old man could be telling the truth. 3. Almost all the juries return to vote for guilty.
Resolution The juries start to discuss again and realize that the woman who saw how the kid killed his father used glasses and since she didn’t use them at night she wasn’t able to see what she told the trial. The jury changes its votes again to eleven not guilty, one guilty. The one that’s missing is jury 3, he takes his wallet out and watches his picture with he´s sun, he starts crying and writes the vote that says, not guilty. The votes finish 12 not guilty.
Authors theme: Prejudice, Reading this book teaches me that before accusing someone about something we need to have full facts and the correct evidence, because that person might be innocent and accused without enough profs. And never judge someone because of their background or the way they lived, they can be different.
How are they alike?
The setting is in the courtroom in NYC, it was the hottest day of the year and there was a police guarding the door. There are 12 jurors, and it’s the same case, the votations are the same (number of guilty and not guilty). The same arguments are mention by the jury. It has the same story, the antagonist and the protagonist are the same, juror 3 and juror 8 principally. It has the same plot, the way the story moves on and the characters change their opinions to not guilty.
How are the different?
Movie: The boy is 18 years old. A room with chairs and a big table, there is the lavatory room and a window, it has air conditioning that functions almost until the end on the movie. They show the boy in trial and after it the jury starts. The movie is black and white. The foreman has black skin. When you watch the climax and turning point you feel the action. Book: The boy is 16 years old. A small room, with a big tables with chairs and the window has an amazing view, the door is near the lavatory room where the jurors wash their hands. They never show the boy, the book starts with the jury and the trial never appears. I had to imagine how the climax was and the turning point and continue reading to see the resolution.
Which version do you prefer? Why?
I prefer the movie version because I prefer to watch and understand how characters are by their actions instead of them being described with words and I have to use my own imagination. In the movie you can live what’s happening and in the tension moments you get the feeling and get nervous, sad, or happy. I think reading gets boring and the movie always has something that gets you into it, it’s faster and you get all the ideas more clear.
Physical Description: Juror 8 is a tall man, with black hair pushed back, skinny, he uses a white suit with a black tie, he’s a very serious person, middle aged, innocent face, he is elegant and looks calm down.
Direct/Indirect Characterization: -‐He is distractive. *FOREMAN: (to NO. 8). How about sitting down? (NO. 8 doesn't hear him.) The gentleman at the window. [NO 8 turns, startled.] -‐He´s a gentleman and tries to work thing out in a mature way. *[He lunges at NO. 8, but is caught by two of the jurors and held. He struggles as NO. 8 watches calmly.] -‐He gives proves to convince the other jurors the guy might not be guilty. *[NO. 8 picks the knife out of the table and closes it. He flicks it open, and changing its position in his hand, stabs downward with it.] - He is pissed off. *NO. 8 stands up and snatches the paper away. -‐He is an architect, he believes in justice and want enough proves before making any kind of decision.
Juror 8 Thoughts, actions, words: -‐All the jurors quickly voted guilty, without discussing it first, he thought it was better if they could talk about it before making a decision. *NO. 8: There were eleven votes for guilty. It's not so easy for me to raise my hand and send a boy off to die without talking about it first. -At the beginning of the story he isn’t sure about his decision, guilty or not guilty. *NO. 3: (sarcastically) Somebody's in left field. (To NO. 8) You think he's not guilty? NO. 8: (quietly). I don't know. -‐In order to prove his points he act and talk about all the scenes from the night of the murder. *NO. 8: His bed was at the window. It's (looking closer) twelve feet from his bed to the bedroom door. The length of the hall is fortythree feet, six inches. He had to get up out of bed, get his canes, walk twelve feet, open the bedroom door, walk forty-three feet, and open the front door—all in fifteen seconds. Do you think this possible? -‐He doesn’t get influenced by other peoples opinion. -‐He doesn’t prejudice anyone before having enough evidence to prove what he is talking about. -‐He is a just man, with moral and ethics. He has values. -‐He is intelligent and wants to know the truth.
Other feeling, thoughts, words toward him: -‐At the beginning he standed alone, nobody was in agreement with him and all the jurors thought he was incorrect. *NO. 3: I never saw a guiltier man in my life. You sat right in court and heard the same thing I did. The man's a dangerous killer. You could see it. -‐As the story pass by they start to believe in what he says and to be in agreement with him, they start to talk about the facts and they begin to understand the reasons why juror 8 saiid the guy is not guilty. * NO. 9: Thank you. (Pointing at NO. 8) This gentleman chose to stand alone against us. That's his right. It takes a great deal of courage to stand alone even if you believe in something very strongly. He left the verdict up to us. He gambled for support, and I gave it to him. I want to hear more. The vote is ten to two. -‐Juror 3 still don’t agree with him and start to offend, with words and actions. * NO. 3: You're crazy. Why would he lie? What's he got to gain? * NO. 3: (pleading). Listen. What's the matter with you? You're the guy. You made all the arguments. You can't turn now. A guilty man's gonna be walking the streets. A murderer. He's got to die! Stay with me. -Jurors start to realize if they don’t act like mature adults they are going to take away the life of a young innocent man, juror 8 changed their way of thinking and all the juror agreed the boy was not guilty since they don’t have enough proves to kill him