Benefit of Hindsight

mkfreeberg

(Spoilers) I really liked the message of the movie: A lot of times things that look crystal clear at first glance, upon deeper inspection, aren't so clear. The acting was top-notch all-around, especially with Juror #9. The product ends up being not very preachy, which is a considerable achievement given that it's built entirely around a simple parable.

With the benefit of hindsight, though, one can see a few things about this that I personally find really disturbing.

The question that drives the movie is whether the jurors have properly awarded the defendant the benefit of any reasonable doubt, and as the climax approaches, the attention given to this reaches a fevered pitch. Left behind in the dust, is the equally critical question of whether the defendant is really guilty. There's a scene early on when Jack Warden, the juror who just wants to get the voting over with so he can watch a ball game, meets Henry Fonda in the washroom. The last two lines in that scene discuss the possibility that the boy may be acquitted, even though he is guilty. Fonda says something to the effect of "that very well may be" or some such, and to my recollection this is the last time this possibility is even considered.

The jury may have released a murderer onto the streets. You can make the argument that with the presence of reasonable doubt, this was their job. I agree. But as Henry Fonda walks down the courthouse steps to resume his everyday life as an architect, would it really then be fitting to have the happy "a wrong has been righted" swelling-orchestra music, as our hero walks proudly among his fellow citizens with his head held high? Doubt or no, conviction or no, this kind of peace-of-mind is not lying in wait for you after your last day on a real jury. There are jurors who want it anyway, and because of that, will not convict anyone. They have seen this movie, and want to be Henry Fonda. I've served with them. It's a pretty serious problem.

There is a short speech given by Fonda shortly after he is revealed to be the one juror who wants to acquit. Several times in the speech he makes the point that the defendant is poor, has had a rough background, and has been beaten up a lot. It is not entirely clear where he is going with this, since the movie is supposed to be about what is reasonable doubt, and how the doubt applies regardless of economic class. There is at least one other juror who wants to convict because the defendant is poor; does Fonda mean to say with a defendant who was wealthier, he himself would have voted to convict? That doesn't seem likely at all. But then why bring it up? It means something to other jurors, but it isn't supposed to mean anything to Fonda. The only way it could support any of Fonda's arguments, is if he was making decisions based on the way those decisions made him feel about himself, rather than based on the evidence. This is something jurors aren't supposed to do.

Four years after this movie was made, the Supreme Court defined the Exclusionary Rule in Mapp v. Ohio. So by this time, you weren't supposed to convict anyone unless you knew they were guilty beyond any reasonable doubt, and in addition to that, if you knew too much, then you still couldn't convict. During the sixties, conviction became such an unlikely goal even when the evidence seemed compelling, that a lot of District Attorneys refused to make arrests even though they knew a suspect posed a significant danger to society.

By the seventies, Americans were so fed-up with the "justice system failing us" that they began turning politicians out of office in bulk, hoping against hope they could fix what was broken before their own children were murdered or their wives were raped. Between Vietnam and Watergate, this was a third salvo against our fragile faith in government, and it was an erosion of our trust that we don't talk about too much today.

What really concerns me is that a little while after this film was made, with the poorest Americans being forced to live among violent people and thus becoming increasingly interested in vigilantism, suddenly we had a huge surge in movies about "Taking the law into your own hands." Dirty Harry, Death Wish, and countless made-for-TV projects. In summary, the pendulum swung in one direction, then a few years later, the other. Hollywood got to make money both times.

I have trouble getting completely behind this film because it's a concentrated effort, ultimately a successful one, to get that pendulum swinging wildly. If we spent that relatively short amount of time, just fifteen years or so, leaving "revolution" out of it and reforming our justice system in baby steps, the mistakes of the past could have been avoided. I do not know if it was possible to fix what was broken back then, by doing this -- convictions weren't always carefully considered back in the 1950's & earlier. But a lot of innocent people would be alive today if all those violent felons, in subsequent years, were arrested like they should have been.

I would say, if you're going to serve on a jury, by all means rent this because it's a very meticulous and passionate reminder of your civil duty, it makes some great points, and everything in this movie is highest-quality. But also on your required-viewing list would be Primal Fear, the Richard Gere movie. Better yet, watch that one last, so the final scene really sticks in your mind.

Nobody should be serving on a jury, if they can't seriously consider the consequences of releasing people who are really guilty of violent crimes.

score 8/10

mkfreeberg 7 August 2005

Reprint: https://www.imdb.com/review/rw1145091/