12 Angry Men (Guest: Elkan Abramowitz) (episode 6)

12 Angry Men (1957) remains one of the greatest courtroom dramas. Directed by Sidney Lumet from a screenplay by Reginald Rose, the film stars Henry Fonda as the hold-out juror among his peers who are ready to quickly convict a teenager charged with murder in a New York court.  Through a series of dramatic moments, Fonda eventually persuades his fellow jurors that there remains a reasonable doubt about the defendant’s innocence, forcing them to address their own preconceptions and prejudices in the process. Fonda (who coproduced the film), teams up with a sensational ensemble cast that includes Lee J. Cobb, Jack Warden, Ed Begley, Martin Balsam, E.G. Marshall, and Jack Klugman. I’m joined by Elkan Abramowitz, one of America’s leading criminal defense attorneys, whose many notable clients include Woody Allen, to explore why 12 Angry Men remains essential viewing even as much has changed about the American jury system since it was made.

Timestamps:

0:00     Introduction
3:48     Why 12 Angry Men still resonates today
5:15     How juries have changed
6:47     Why serving on a jury can be so meaningful
10:04   The beyond a reasonable doubt standard
15:01   Bigotry and prejudice in the jury room
17:28   Selecting the jury
22:59   Group dynamics on juries
26:24   The problem with eyewitness cases
28:01   Jurors doing outside research
30:56   The vanishing jury
34:07   Just down the block: New York v.  Trump
39:26   How juries deliberate
43:22   Why the film holds up so well

Further Reading: 

Asimow, Michael, “'12 Angry Men’: A Revisionist View,” 82 Chicago-Kent L. Rev. 711 (2007), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1095488

Ellsworth, Phoebe C., “One Inspiring Jury,” 101 Mich. L. Rev. 1387 (2003), https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1019&context=reviews

Gertner, Nancy, “‘12 Angry Men’ (and Women) in Federal Court,” 82 Chicago-Kent L. Rev. 613 (2007), https://scholarship.kentlaw.iit.edu/cgi/viewcontent.cgi?article=3591&context=cklawreview

Hans, Valerie P., “Deliberation and Dissent: ‘12 Angry Men’ vs. The Empirical Reality of Juries,” 82 Chicago-Kent L. Rev., 579 (2007), https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1381&context=facpub

Landsman, Stephan, “Mad about '12 Angry Men,'” 82 Chicago-Kent L. Rev. 749 (2007), https://scholarship.kentlaw.iit.edu/cgi/viewcontent.cgi?article=3600&context=cklawreviewp

Martin, Adrian, “Review: ‘12 Angry Men,’” https://www.filmcritic.com.au/reviews/t/12_angry_men.html

Weisselberg, Charles D., “Good Film, Bad Jury,” 82 Chi.-Kent L. Rev. 717 (2007), https://scholarship.kentlaw.iit.edu/cgi/viewcontent.cgi?article=3598&context=cklawreview

Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember.
For more information about Jonathan, here's a link to his bio: https://law.shu.edu/profiles/hafetzjo.html
You can contact him at jonathanhafetz@gmail.com
You can follow him on X (Twitter) @jonathanhafetz