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Legal film appreciation thesis
First-degree murder, like many American movies with the same legal theme, gives people a shocking feeling. Of course, there are wonderful performances by writers, actors and directors. The most important reason lies in the film's great courage to face up to some dark sides of society and record them truly, as well as its high praise for finding out the truth and fighting for rights and justice. Only a society that dares to reflect and take action can have hope. The college in the film may not have any profound legal theory, but it firmly tells us that the road to the rule of law can only be won if everyone in the society adheres to their own beliefs, bravely intervenes and struggles tirelessly. This film has been showing human nature, its dignity and love, its cowardice and evil. Man is an angel and a devil, and he is unreliable. We can only rely on the law to design a set of mutually restrictive procedures to protect us, even though the law may be abused occasionally, but this is the best way known to mankind so far. Take the jury system in movies, we can always see that lawyers always talk to several rows of jurors in Anglo-American court movies. Lawyers always say that he believes in the people, and jurors will make fair judgments, not judges. Is it a good legal system to arrest a few people at random and let them decide whether they are guilty or not? The jury system can be said to be the most important and unique part of the American judicial system, and it is also one of the important differences between the common law system and the continental law system. The key to winning in American court trials is to convince the jury, because it is the jury that makes the final decision, not the superior judge. The jury decided whether the defendant was guilty or not, and then the judge pronounced a sentence. The judge is just a judge who controls the rhythm of the court, maintains order, decides what the jury should know, what evidence can be presented in court, and asks the witness whether it is appropriate. It is in line with the American spirit of equality and justice that a jury composed of the most ordinary citizens decides the fate of a suspect. So whether you can form a jury in your favor will directly affect the outcome of the case. As an American citizen, he may wake up one day and get a phone call asking him to be a juror, which is his duty. The judge randomly selected several times the number of people needed by the jury from the yellow pages of social security numbers or telephone numbers in the court area to participate in the primary election. Candidate jurors should accurately reflect the situation of all walks of life in society in terms of race, age and gender. Being a juror is not easy. No one involved can do it, and no one with professional thinking habits, such as lawyers and doctors, can do it. Then, the lawyer will further select jurors through a few simple questions. This is mainly to delete those who tend to think or race because of their environment and experience, so as to avoid unfair trial of the defendant. In some cases, if news media reports and public opinion will prevent jurors from making correct judgments, the US government will pay to isolate jurors and strictly prohibit contact with the outside world, and absolutely prohibit telephone calls. After the discovery of court evidence and the cross-examination of witnesses, 12 jurors will finally make a verdict of guilt or innocence. As long as one juror disagrees, as long as one juror thinks that the public prosecutor's evidence is not beyond reasonable doubt, the defendant will not be convicted. This is also the reason why the conviction rate of criminal trials in the United States is very low. Generally speaking, this system embodies the principle of due process. The whole trial is decided by a neutral third party, and there is no inherent prejudice of mindset, which appropriately limits the power of judges and improves the rights protection of defendants and criminal defense lawyers. The whole criminal trial process presents a regular triangle model, which greatly excludes the interference of various external factors and really makes the suspected crime possible. In the film, Henry won the sympathy of many people, and the jury also made a satisfactory verdict, which even directly promoted the prison judicial reform in the United States. Looking back at the domestic reality half a century later, it still hurts. We not only lack perfect laws, especially procedural provisions, but also need the active attention and brave participation of the public. Our road to the rule of law is still far away. The world is not perfect, and we need to work hard to change it. This is the meaning of our existence.