Courtroom Dictionary By Abraham Cherem
Monday, December 5, 11
Acquittal: Judgment that a criminal defendant has not been proved guilty beyond a reasonable doubt. Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court. Allegation: something that someone says happened. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
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Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty. Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed. Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
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Bench trial: Trial without a jury in which a judge decides the facts. Brief: A written statement submitted by the lawyer for each side in a case that explains to the judges why they should decide the case or a particular part of a case in favor of that lawyer's client. Chambers: A judge's office. Capital offense: A crime punishable by death. Case law: The law as laid down in cases that have been decided in the decisions of the courts.
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Charge: The law that the police believe the defendant has broken. Charge to the jury: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial. Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority. Circumstantial evidence: All evidence except eyewitness testimony. Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
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Expressions "Objection overruled." Means the objection has no merit and is tossed out. "Objection sustained" means the objection is good, and the opposing side can not continue with whatever it was doing or saying. "Counselors, approach the bench, please" means the judge would like to see both lawyers at the bench. "Court is in recess until [time]" when court ends before lunch or for the day (yet the trial is not over). "Court is adjourned"also means court is recessed until a later time. "The witness will answer the question" after an objection that the judge has sustained, he's telling the witness to answer.
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“Call your next witness”: this means that the defended can call the next person that will talk “Could you describe the appearance of (a package, etc.)?”: this expresion is used when a piece of evidence needs to be described “Keep your voice up.”- This term is used for when a lawyer is not being heard by the judge and the jury so they ask him to raise the volume “You can resume your seat.”- This term is used when the court stands up for ant reason and when they can finally sit this phrase is used “You may proceed.”- This phrase is used when the lawyer can proceed to expose an evidence or to talk
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Arrest- Taking the freedom of a person because of a crime he committed and to prevent him for doing it again, harm himself or harm others. Booking- Booking is when a person is already arrested in jail or the police station they go through an administrative process in which they are photographed they record their fingerprints and all their possessions get confiscated. Bail- The money that somebody gives in order to get someone out of jail with the guarantee that they will to go to trial. Arraignment- The formal reading of the charges against a person.
http://en.wikipedia.org/wiki/Arrest http://www.quizlaw.com/criminal_law/what_is_booking.php http://www.thefreedictionary.com/bail http://www.wisegeek.com/what-is-an-arraignment.htm
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Plea Bargain- When the prosecutor gives the chance to the defendant to declare guilty, this can make the charges less than maximum sentence. Trial- When two parties come together in a tribunal to present evidence to a jury which will decide who wins the case Sentence- When an accused is declared guilty or plea bargained the judge will decide what punishment in terms of sentence he deserves. Appeal-The petition that the case is review by the court when the lawyer thinks the case wasn't treated properly.
http://en.wikipedia.org/wiki/Plea_bargain http://criminal.findlaw.com/crimes/criminal_stages/stages-sentencing/ http://en.wikipedia.org/wiki/tri http://en.wikipedia.org/wiki/Appeal
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Exposition
Conflict
Rising Action
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The characters of the story are: 12 jurors, the judge, the guilty kid, the guard, the old man as a witness, the woman as the other witness, it occurs in a jury room and takes part in the in the bathroom 1-Internal. Man vs Self- Juror #3 has strong issues as all this reminds him about his son. 2- External.Man vs Man- Juror #8 has serious trouble with juror #3 and they almost get into a fight. 2.1-Man vs Society- Juror #8 is against the whole court at the beginning because he is the only one that thinks the boy is not guilty 2.2 Man vs Nature- The first witness is really old and his bad leg doesnt let him see what happened The rising action begins when the jury decides to vote and everyone votes guilty, but juror #8 votes not guilty
Climax
Juror #8 realizes that it was impossible for the old man to see the murder because he couldn't make it to the door because of his bad leg and juror #9 backed him up. At that point juror #4 votes “not guilty� and the only one that votes guilty is juror #3 so now it is 1 against 11.
Falling Action
The climax begins when juror #9 found out that the woman witness was lying by looking at the marks of glasses at the side of her nose.
Resolution
Falling action appears when juror #3 losses control and starts to yell everyone about his own son, and finally crying he votes for “not guilty
Outcome
As all the juries vote not guilty they close the case and go home.
Theme
Prejudging people and evolving personal feelings into external conflicts can change someone elses life
Topic
12 jurors argue about a case trying to decide whether its guilty or not
Juror # 5 Name: In the movie they do not mention his name he is better knowns as juror 5
Occupation: They don't mention his occupation but they say that he is a fan of the Baltimore Orioles Brief description: He was the youngest one in the group he was afraid to express his opinion specially in front of the Elder members of the group.
What the juror thinks :He grew up in the slum and and he kind of understands that the kid g up in the slums that later would help.
What other jurors thinks: Other jurors thought of him that he wasn't important in the trial because he doesn't speak much but when the time comes he defends himself and his vote is crucial for the resolution.
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His role in the case or the novel: He grew up in the slums and experienced a lot of knife Hights which would also help him determine his vote of “not guilty” What his vote was: At Hirst he votes guilty but after a while he realizes that he was not guilty and he was the third one to vote for not guilty, his experience growing in the slums helped him in making the decision.
What would have happened if he had voted different: If he had voted different the case would be open still because he was the third one to vote for not guilty so, it may be that other judges would not be convinces if he had voted different. If it were you, what would your vote be? I would have to analyze really good the situation and basing in my experience and my knowledge I would make my decision
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Similarities
Differences
1- The only one participating in the dialogue are the 12 jurors
In the book the boy is 16 years while in the movie he is 18
2- There are two witnesses
We can see the jurors physically while in the book we need to imagine them
3- Juror #3 is the last one to vote not guilty
In the movie juror #3 breaks his sons picture while in the book he doesn't
4- The murder was made with the same knife
In the movie they mention the jurors names while in the book they don't
5 The voting process is the same
In the movie we can see the hesitation of the judges and confusion while in the book we dont
6-Same number of judges
In the movie we know how the court is physically while in the book they dont describe it.
7- In both #8 is the only one that votes not guilty at first
In the movie before juror #10 votes not guilty, he goes alone and thinks a lot
8-Juror #10 is very sick and blows his nose very often
At the end of the movie we can see the outside of the courtroom and in the book it ends in the discussion
9- In both movie and books juror #7 had tickets to go see the yankees.
In the book the kid says that the knife was for a friend and in the movie he doesnt
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