4TH JUROR: I was just wondering how the market closed.
3RD JUROR: I wouldn’t know. Say, are you on the Exchange or something?
4TH JUROR: I’m a broker.
3RD JUROR: Really? I run a messenger service. “The Beck and Call Company.” The name’s my wife’s idea. I employ thirty-seven people.… Started with nothing.
7TH JUROR [looking at his watch]: Hey, Mr. Foreman, let’s go. What d’you say?
FOREMAN: All right, gentlemen. Let’s take seats.
7TH JUROR [to the 2ND JUROR]: This better be fast. I got tickets to a ball game tonight. Yankees—Cleveland. We got this new kid pitching, Modjelewski, or whatever his name is. He’s a bull, this kid. [He shoots his hand forward and out to indicate the path of a curve ball.] Shhooooom. A real jug handle.
There is no reaction at all from the 2ND JUROR.
You’re quite a ball fan, aren’t you? [He turns to the FOREMAN.] Where do you want us to sit?
FOREMAN: Well, I was thinking we ought to sit in order, by jury numbers. [He points with each number.] Two, three, four, and so on, if that’s OK with you gentlemen?
10TH JUROR: What’s the difference?
4TH JUROR: I think it’s reasonable to sit according to number.
10TH JUROR [rising]: Let it be. [He moves and sits on chair 10.]
The JURORS begin to take their seats. The 8TH JUROR continues to stare out of the window. The 9TH JUROR is still in the lavatory.
12TH JUROR [to the 11TH JUROR]: What was your impression of the prosecuting attorney?
11TH JUROR [with a German accent]: I beg pardon?
12TH JUROR: I thought he was really sharp. I mean, the way he hammered home his points, one by one, in logical sequence. It takes a good brain to do that. I was very impressed.
11TH JUROR: Yes, I think he did an expert job.
12TH JUROR: I mean, he had a lot of drive, too. Real drive.
7TH JUROR: OK, let’s get this show on the road.
FOREMAN [to the 8TH JUROR]: How about sitting down?
The 8TH JUROR does not hear the FOREMAN.
The gentleman at the window.
The 8TH JUROR turns, startled.
How about sitting down?
8TH JUROR: Oh, I’m sorry. [He moves to his chair and sits.]
The 9TH JUROR enters the washroom from the lavatory and washes his hands.
10TH JUROR [across the table to the 4TH JUROR]: It’s pretty tough to figure, isn’t it? A kid kills his father. Bing! Just like that.
12TH JUROR: Well, if you analyze the figures…
10TH JUROR: What figures? It’s those people! I’m tellin’ you they let the kids run wild up there. Well, maybe it serves ’em right. Know what I mean?
The FOREMAN crosses to the washroom door.
7TH JUROR [to the 5TH JUROR]: Hey, you a Yankee fan?
5TH JUROR: No. Milwaukee.
7TH JUROR: Milwaukee! That’s like being hit on the head with a crowbar once a day. Listen, who they got—I’m asking you, who they got besides great groundskeepers?
FOREMAN [to the 9TH JUROR]: We’d like to get started.
The 9TH JUROR enters from the washroom.
9TH JUROR: I’m sorry.
The 9TH JUROR crosses and takes his seat.
7TH JUROR: Milwaukee!
FOREMAN: All right. Now you gentlemen can handle this any way you want to. I mean, I’m not going to have any rules. If we want to discuss first and then vote, that’s one way. Or we can vote right now to see how we stand. [He pauses and looks around.] Well, that’s all I have to say.
4TH JUROR: I think it’s customary to take a preliminary vote.
7TH JUROR: Yeah, let’s vote. Who knows, maybe we can all go home.
FOREMAN: It’s up to you. Just let’s remember we’ve got a first degree murder charge here. If we vote “guilty,” we send the accused to the electric chair. That’s mandatory.
4TH JUROR: I think we all know that.
3RD JUROR: Come on, let’s vote.
10TH JUROR: Yeah, let’s see who’s where.
FOREMAN: Anybody doesn’t want to vote? [He looks around.] The others are silent.
All right. This has to be a twelve-to-nothing vote either way. That’s the law. OK, are we ready? All those voting “guilty” raise your hands.
Seven or eight hands go up immediately. Several others go up more slowly. Everyone looks around the table as the FOREMAN rises and begins to count hands. The 9TH JUROR’s hand goes up now, and all hands are raised except the 8TH JUROR’s.… Nine—ten—eleven. That’s eleven for “guilty.” OK. “Not guilty”?
The 8TH JUROR slowly raises his hand.
One. Right. OK, eleven to one—“guilty.” Now we know where we are. [He resumes his seat.]
10TH JUROR: Boy-oh-boy! There’s always one.
7TH JUROR [after a pause]: So, what do we do now?
8TH JUROR: Well, I guess we talk.
10TH JUROR: Boy-oh-boy!
3RD JUROR [leaning over toward the 8TH JUROR]: Well, look, do you really think he’s innocent?
8TH JUROR: I don’t know.
3RD JUROR: I mean, let’s be reasonable. You sat in court and heard the same things we did. The man’s a dangerous killer. You could see it.
8TH JUROR: The man! He’s sixteen years old.
3RD JUROR: Well, that’s old enough. He knifed his own father. Four inches into the chest.
6TH JUROR [to the 8TH JUROR]: It’s pretty obvious. I mean, I was convinced from the first day.
3RD JUROR: Well, who wasn’t? [To the 8TH JUROR.] I really think this is one of those open and shut things. They proved it a dozen different ways. Would you like me to list them for you?
8TH JUROR: No.
10TH JUROR: Then what do you want?
8TH JUROR: Nothing. I just want to talk.
7TH JUROR: Well, what’s there to talk about? Eleven men here agree. Nobody had to think twice about it, except you.
10TH JUROR: I want to ask you something. Do you believe his story?
8TH JUROR: I don’t know whether I believe it or not. Maybe I don’t.
7TH JUROR: So what’d you vote “not guilty” for?
8TH JUROR: There were eleven votes for “guilty.” It’s not easy for me to raise my hand and send a boy off to die without talking about it first.
7TH JUROR: Who says it’s easy for me?
8TH JUROR: No one.
7TH JUROR: What, just because I voted fast? I think the guy’s guilty. You couldn’t change my mind if you talked for a hundred years.
8TH JUROR: I’m not trying to change your mind. It’s just that we’re talking about somebody’s life here. I mean, we can’t decide in five minutes. Suppose we’re wrong?
7TH JUROR: Suppose we’re wrong! Suppose this whole building fell on my head. You can suppose anything.
8TH JUROR: That’s right.
7TH JUROR [after a pause]: What’s the difference how long it takes? We honestly think he’s guilty. So suppose we finish in five minutes? So what?
8TH JUROR: Let’s take an hour. The ball game doesn’t start till eight o’clock.
7TH JUROR [smiling]: OK, slugger, be my guest. There is a silence.
FOREMAN [hesitantly]: Well, who’s got something to say?
He looks at the 2ND JUROR.
How about you?
2ND JUROR: Not me.
9TH JUROR: I’m willing to put in an hour.
10TH JUROR: Great. I heard a pretty good story last night. This woman comes running into the doctor’s office, stripped to the waist—
8TH JUROR: That’s not what we’re sitting here for.
10TH JUROR: All right, then you tell me. What are we sitting here for?
8TH JUROR: Maybe for no reason. I don’t know. Look, this boy’s been kicked around all his life. You know—living in a slum, his mother dead since he was nine. He spent a year and a half in an orphanage while his father served a jail term for forgery. That’s not a very good head start. He’s had a pretty terrible si
xteen years. I think maybe we owe him a few words. That’s all.
10TH JUROR: I don’t mind telling you this, mister. We don’t owe him a thing. He got a fair trial, didn’t he? What d’you think the trial cost? He’s lucky he got it. Know what I mean? [He rises and looks around at the others.] Look, we’re all grown-ups here. We heard the facts, didn’t we? Now, you’re not going to tell us that we’re supposed to believe that kid, knowing what he is. Listen, I’ve lived among ’em all my life. You can’t believe a word they say. I mean, they’re born liars.
9TH JUROR: It suddenly occurs to me that you must be an ignorant man.
10TH JUROR: What do you mean? What’s he talking about?
9TH JUROR: Do you think you have a monopoly on the truth?
10TH JUROR: What are you making a Federal Case out of it for? [To the others.] How d’ya like this guy?
9TH JUROR [to the others]: I think certain things should be pointed out to this man.
3RD JUROR: All right. It’s not Sunday. We don’t need a sermon in here.
10TH JUROR: Monopoly! For Chrissakes.
The 9TH JUROR half rises but then feels the 8TH JUROR’s hand firmly on his arm, gently pulling him down. The 12TH JUROR doodles on his notepad.
4TH JUROR: If we’re going to discuss this case, let’s stick to the facts.
FOREMAN: Right. We have a job to do. Let’s do it. Maybe if the gentleman who’s disagreeing down there could tell us why. You know, tell us what he thinks—we could show him where he’s probably mixed up.
11TH JUROR [looking at the 12TH JUROR’s doodle]: What are you doing?
12TH JUROR: Mmm? Oh. [He holds up the doodle.] It’s one of the products I work on at the ad agency. Rice Pops. “The Breakfast with the Built-in Bounce.” I wrote that line.
11TH JUROR [smiling in spite of himself ]: It’s very catchy.
FOREMAN: If you don’t mind!
The 2ND JUROR rises, goes to the coat hooks and takes a package of cough drops from his jacket pocket.
12TH JUROR: I’m sorry. I have this habit of doodling. It keeps me thinking clearly.
FOREMAN: We’re trying to get someplace here. Y’know we can sit here forever…
12TH JUROR: Well, look, maybe this is an idea. I’m just thinking out loud, but it seems to me it’s up to us to convince this gentleman—[he indicates the 8TH JUROR] that we’re right and he’s wrong. Maybe if we each took a minute or two. I mean, it’s just a quick thought…
FOREMAN: No, I think it’s a good one. Supposing we go once around the table in order of jury numbers.
7TH JUROR: Anything. Let’s start it off.
FOREMAN: OK. [To the 2ND JUROR.] That means you’re first.
2ND JUROR: Oh. Well… [He pauses nervously.] Well, it’s hard to put into words. I just—think he’s guilty. I thought it was obvious from the word go. I mean nobody proved otherwise.
8TH JUROR: Nobody has to prove otherwise. The burden of proof is on the prosecution. The defendant doesn’t have to open his mouth. That’s in the Constitution. You’ve heard of it.
2ND JUROR [flustered]: Well, sure I’ve heard of it. I know what it is. I—what I meant—well, the man is guilty. I mean, somebody saw him do it. [He looks around helplessly.]
3RD JUROR: OK. [He refers to his notes.] Now, here’s what I think, and I have no personal feelings about this. I’m talking facts. Number one. Let’s take the old man who lived on the second floor right underneath the room where the murder took place. At ten minutes after twelve on the night of the killing he heard loud noises in the apartment upstairs. He said it sounded like a fight. Then he heard the kid shout out, “I’m gonna kill you.” A second later he heard a body fall and he ran to the door of his apartment, looked out and saw the kid running down the stairs and out of the house. Then he called the police. They found the father with a knife in his chest.
FOREMAN: And the coroner fixed the time of the death at around midnight.
3RD JUROR: Right. I mean, there are facts for you. You can’t refute facts. This boy is guilty. Look, I’m as sentimental as the next guy. I know the kid is only sixteen, but he’s still got to pay for what he did.
7TH JUROR: I’m with you, pops.
4TH JUROR [removing his eyeglasses]: It was obvious to me, anyway, that the boy’s entire story was flimsy. He claimed he was at the movies during the time of the killing and yet one hour later he couldn’t remember what films he saw or who played in them.
3RD JUROR: That’s right. Did you hear that? [To the 4TH JUROR.] You’re absolutely right.
4TH JUROR: No one saw him going into or out of the theater.
10TH JUROR: Listen, what about that woman across the street? If her testimony don’t prove it, nothing does.
11TH JUROR: That’s right. She was the one who actually saw the killing.
FOREMAN [half rising]: Let’s go in order here.
10TH JUROR [rising, handkerchief in hand]: Just a minute. Here’s a woman… [He blows his nose.] Here’s a woman who’s lying in bed and can’t sleep. She’s dying with the heat. Know what I mean? Anyway, she looks out the window and right across the street she sees the kid stick the knife into his father. The time is twelve ten on the nose. Everything fits. Look, she’s known the kid all his life. His window is right opposite hers, across the el tracks, and she swore she saw him do it.
8TH JUROR: Through the windows of a passing elevated train.
10TH JUROR: Right. This el train had no passengers on it. It was just being moved downtown. The lights were out, remember? And they proved in court that at night you can look through the windows of an el train when the lights are out and see what’s happening on the other side. They proved it.
8TH JUROR [to the 10TH JUROR]: I’d like to ask you something.
10TH JUROR: Sure.
8TH JUROR: You don’t believe the boy. How come you believe the woman? She’s one of “them,” too, isn’t she?
10TH JUROR [suddenly angry]: You’re a pretty smart fellow, aren’t you?
The 10TH JUROR crosses toward the 8TH JUROR. Several JURORS rise as if to intercept the 10TH JUROR.
FOREMAN: Hey, let’s take it easy.
10TH JUROR [angrily]: What’s he so wise about? I’m telling you…
3RD JUROR: Come on. Sit down. What are you letting him get you all upset for?
The 10TH JUROR sits.
FOREMAN: Let’s calm down now. Let’s try to keep it peaceful in here. Whose turn is it? [To the 5TH JUROR.] OK. How about you?
5TH JUROR [looking nervously around]: I’ll pass it.
FOREMAN: That’s your privilege. How about the next gentleman?
6TH JUROR: I don’t know. I started to be convinced, uh—you know, very early in the case. Well, I was looking for the motive. That’s very important. If there’s no motive, where’s the case? So anyway, that testimony from those people across the hall from the kid’s apartment, that was very powerful. Didn’t they say something about an argument between the father and the boy around seven o’clock that night? I mean, I can be wrong.
11TH JUROR: It was eight o’clock. Not seven.
8TH JUROR: That’s right. Eight o’clock. They heard an argument, but they couldn’t hear what it was about. Then they heard the father hit the boy twice, and finally they saw the boy walk angrily out of the house. What does that prove?
6TH JUROR: Well, it doesn’t exactly prove anything. It’s just part of the picture. I didn’t say it proved anything.
8TH JUROR: You said it revealed a motive for the killing. The prosecuting attorney said the same thing. Well, I don’t think it’s a very strong motive. This boy has been hit so many times in his life that violence is practically a normal state of affairs for him. I can’t see two slaps in the face provoking him into committing murder.
4TH JUROR [quietly]: It may have been two slaps too many. Everyone has a breaking point.
FOREMAN [to the 6TH JUROR.]: Anything else?
6TH JUROR: No.
FOREMAN: OK. [To the 7TH JUROR.] How about the
next gentleman?
7TH JUROR: Me? [He pauses, looks around, shrugs.] I don’t know, it’s practically all said already. We can talk about it forever. I mean, this kid is oh for five. Look at his record. He was in Children’s Court when he was ten for throwing a rock at his teacher. At fourteen he was in Reform School. He stole a car. He’s been arrested for mugging. He was picked up twice for trying to slash another teenager with a knife. He’s real quick with switch knives, they said. This is a very fine boy.
8TH JUROR: Ever since he was five years old his father beat him up regularly. He used his fists.
7TH JUROR: So would I. A kid like that.
4TH JUROR: Wouldn’t you call those beatings a motive for him to kill his father?
8TH JUROR [after a pause]: I don’t know. It’s a motive for him to be an angry kid. I’ll say that.
3RD JUROR: It’s the kids, the way they are nowadays. Angry! Hostile! You can’t do a damn thing with them. Just the way they talk to you. Listen, when I was his age I used to call my father “Sir.” That’s right, “Sir!” You ever hear a boy call his father that anymore?
8TH JUROR: Fathers don’t seem to think it’s important anymore.
3RD JUROR: No? Have you got any kids?
8TH JUROR: Two.
3RD JUROR: Yeah, well I’ve got one. He’s twenty. We did everything for that boy, and what happened? When he was nine he ran away from a fight. I saw him. I was so ashamed I almost threw up. So I told him right out. “I’m gonna make a man outa you or I’m gonna bust you in half trying.” Well, I made a man outa him all right. When he was sixteen we had a battle. He hit me in the face. He’s big, y’know. I haven’t seen him in two years. Rotten kid. You work your heart out… [He breaks off. He has said more than he intended. He is embarrassed.] All right. Let’s get on with it.
4TH JUROR [rising]: I think we’re missing the point here. This boy, let’s say he’s a product of a filthy neighborhood and a broken home. We can’t help that. We’re here to decide whether he’s guilty or innocent of murder, not to go into reasons why he grew up this way. He was born in a slum. Slums are breeding grounds for criminals. I know it. So do you. It’s no secret. Children from slum backgrounds are potential menaces to society. Now I think—
10TH JUROR [interrupting]: Brother, you can say that again. The kids who crawl outa those places are real trash. I don’t want any part of them, I’m telling you.