The Role Of Dissent In Jury Decision-Making A Critical Legal Analysis Of 12 Angry Men (1957)
Anbu. A., LL.B. (Hons)., Vinayaka Mission's Law School, Chennai
1. ABSTRACT
In the film 12 Angry Men (1957), a jury goes from being virtually unanimous to acquitting the accused due to juror number 8 dissenting using evidence. This paper will look at the reasons why dissent can be seen as valuable in legal settings. It will draw parallels between the film and the United States Supreme Court guidelines on the 'presumption of innocence' and 'proof beyond reasonable doubt'. In addition, this paper will explore the Indian Supreme Court authority surrounding the principle of proof, circumstantial evidence, witness credibility, identification, alibi, bias, legal aid and value of dissent in detail. It will also incorporate studies carried out on conformity and group thinking. The main argument is that the dissent in the film is valuable as it forces the majority to link their conclusion to admissible evidence and the level of proof they are using. However, just because there is dissent in the case, does not mean it will be accurate. There are many factors which can cause the group to become biased including speculation, personal bias, out of court investigations and pressure from the majority. Overall this paper will conclude that in order to fairly decide criminal cases you need to have systems in place to encourage rational dissent alongside ensuring that evidence is properly used, unbiased and fair.
Keywords: dissent, jury, 12 Angry Men, reasonable doubt, presumption of innocence, circumstantial evidence, witness credibility, group pressure, fair trial, Indian criminal law, Bharatiya Sakshya Adhiniyam, 2023.
