The following is an excerpt from the article's point of view.
Lawyer Qu Ying.
I like watching movies very much. I have seen this movie several times, but this is the first time I have had such an exchange. I hope I'm just throwing a brick at the jade. Let's express our opinions and talk about ourselves.
First of all, from the perspective of movies. The production cost of this film is low, but it enjoys an important position in the world film history, and both actors and screenwriters have played a great role. The details and lines are in place, and the background, occupation, social class, education level and other information of the characters are explained, which shows the skill of the writers and directors.
Secondly, from the legal significance of the film. I think juror No.8 in the film is more like a defender, and he has several characteristics that are worth learning by legal persons:
(1) Legal person is independent. Independent judgment on the facts and evidence of the case and the testimony of witnesses is a quality that an excellent legal person must have, and is not influenced by the client, predecessor, leader and others.
(2) Legal person's belief in law is necessary, but a certain degree of compromise is also necessary. How to grasp this scale and explore it slowly. In our next discussion, we also welcome everyone to talk about compromise.
(3) the criticality of legal person. In the face of repeated scrutiny of evidence and witnesses, we should not make hasty judgments with the existing reality. I have a deep understanding. I once handled a case, and the two written witness testimonies were actually the same. I immediately questioned them in court and successfully obtained the falsity of witness testimony.
There is also a good analysis.
According to the theory of Anglo-American evidence law, the burden of proof is divided into the burden of proof and the burden of persuasion. The defense's persuasion duty is to help the jury convince the prosecution step by step that it has not successfully proved guilty from the perspective of falsification. Therefore, the jury's criteria and methods for judging evidence are all carried out along the defense's thinking, even more thoroughly, and the jury takes into account all the evidence doubts that the defense lawyers have not considered. If this road of fraud can be carried through to the end, it means that reasonable doubt cannot be ruled out; If there is no way to pass, it shows that the prosecution's argument is sufficient and the argument is rigorous, and the jury will rule out reasonable doubt.
As can be seen from the film, the jury's judgment on each piece of evidence is based on the reverse thinking of falsification. Juror No.8 pointed out the flaws in the prosecution's argument about the knife. Since you can buy the same knife at random in a small shop near the murder scene, how can you infer that the boy who bought the knife is the murderer? Jurors pointed out the flaws in the testimony of two witnesses.