Group 8:

to kill a
mockingbird
Members:
1. Cindy Cherya
2. Larasati Namira Dastra
3. Soraya Dewi Kartikasari
4. Tiara Angelina Wijaya
5. Aurelia Stefany
6. Sarah Dameria Sembiring
 A BRIEF OVERVIEW AND
SUMMARY
To Kill a Mockingbird takes place in the fictional town of
Maycomb, Alabama, South America in the 1930s during the Great
Depression. It is one of the most racist states at that time, White
people in the region have made their own assumption that black
people are poor, uneducated and a source of crime. That year,
despite the many threats and criticism he received from the public,
Atticus, a white lawyer defended a black man named Tom
Robinson who was accused of raping a white girl, named Mayella
Ewell.. The racial prejudice against black people has blinded most
white people to justice and truth, which later led them to find Tom
Robinson guilty even though the evidences and facts found in the
court said otherwise (absence of presumption of innocence during
the trial process).
How could the jury in
To Kill A Mockingbird

find
RatherTom
and
than beingRobinson
ethnicity,
diverse in gender, race,
the jury was
guilty?
monochromatic, populated by 12 white
men. We believe it was this lack of
diversity that prevented the Mockingbird
jury from providing Tom Robinson with
his guaranteed right to a fair trial “by
an impartial jury of the State.”
(no women, no minorities. all white, all men)
 01
U.S JURY SYSTEM
Article III, Section II of the U.S Constitution,
the Sixth Amendment (criminal cases) & the
Seventh Amendment to the U.S Constitution
(civil case)
 the significance and
importance of jury trial
Duncan v. Louisiana (1968):

Those who wrote our constitutions knew from history and experience that it was
necessary to protect against unfounded criminal charges brought to eliminate
enemies and against judges too responsive to the voice of higher authority. The
framers of the constitutions strove to create an independent judiciary but insisted
upon further protection against arbitrary action. Providing an accused with the
right to be tried by a jury of his peers gave him an inestimable safeguard against
the corrupt or overzealous prosecutor and against the compliant, biased, or
eccentric judge.
the common problems
associated with
jury trials
1. The jury tempted to convict based on personal
feelings rather than on conviction beyond
reasonable doubt.

2. The jury exhibits discrimination by racial
/ ethnicity / sexual prejudices in their mind.
=> The jury’s lacks impartiality.
“A court is only as sound as its jury,
and a jury is only as sound as the
men who make it up.” – Atticus’s
closing argument in
To Kill A Mockingbird
 U.S JURY
ELECTION PROCESS
TWO-STAGE
PROCESS

01. 02.

Create a Venire Voir Dire (for cause

from society to and peremptory jury
serve as jurors challenge)
 U.S Jury qualifications
1. a United States citizen;
2. at least 18 years of age;
3. reside primarily in the judicial district
for one year;
4. adequately proficient in English;
5. have no disqualifying mental or
physical condition;
6. not currently be subject to felony
charges punishable by imprisonment
for more than one year; and never
have been convicted of a felony
(unless civil rights have been legally
The race matter and racial composition of juries is not dictated by
law, juries composed solely of one racial group either "all-white restored)
jury" or "all-black jury" are legal in the US (1880 Strauder v West
Virginia)
 02
INDONESIA Judge SYSTEM
Material (Law No.1/1946 about Indonesian
Criminal Code/KUHP); Formal (Law No.
8/1981 about Indonesian Procedural
Code/KUHAP).
 the importance of judge
Judge as the rule of law has the main task to receive, examine, judge and
settle all legal disputes presented to him in a final and open manner, In civil
cases, judges must assist justice seekers and strive to overcome obstacles in
order to create a simple, fast and low cost trial. Judge supervises the trial
procedures with the aim of ensuring consistency, impartiality and also abuse
of power.

The Right to Legal Quality
Fourth Amendment. Article 28D paragraph (1) of the
1945 Constitution: "Everyone has the right to
recognition, guarantees, protection, and certainty of just
law and equal treatment before law".
Equality before the law means that
every citizen must be treated fairly
by law enforcement officials and the
government. Every law enforcement
apparatus is constitutionally bound
by the value of justice that must be
realized in practice, however
upholding equality before the law is
not without obstacles. It can be in
the form of juridical and political
obstacles, or sociological and
psychological obstacles.
 JUDGE’S
CONVICTION
The negative statutory proof system (Article 183 of KUHAP): judge may not
impose a sentence on a person, unless with at least two valid proofs (Article
184) he is sure that a criminal act has occurred.
=> At least 2 valid proofs + judge’s conviction
PRINCIPLES &
CHARACTERISTICS
● Fair
● Honest
● Wise
● Independent
● High integrity
● Responsible
● Upholding self-esteem
● Highly discipline
● Humility
● Professional
LEGAL BASIS Judge
selection
• Article 24 (B) of the 1945 Constitution
• Judicial Commission Law No. 22 / 2004
• Judicial Commission Regulation No. 1 /
2014 concerning Selection of Candidates
for Judges

STAGE
1. Taking and passing judge education
2. Acceptance of candidate judge proposals
3. Administrative selection
4. Due diligence selection
5. Determination of graduation ( based on ranking)
6. Submission of proposals to the House of
Representative for approval.
 U.S
Common law – inherited from U.K
Judge and jury play very different roles in the
trial. The jury listen to the evidence, decide what
the facts of the case are, and decide whether the
accused is guilty or not guilty, while
the judge presides over a courtroom, hearing
evidence, making decisions on motions,
instructing juries, and making rulings or
sentencing.
When selecting the jury, the court creates a pool of
qualified people (venire) from the community,
continued by jury challenge (for cause and
peremptory challenge) to select people from the
venire to be the jury.
INDONESIA
Civil Law – inherited from Dutch
Judges receive, examine, judge and settle all
legal disputes presented to him. In civil cases,
judges must assist justice seekers and strive to
overcome obstacles in order to create a simple,
fast and low cost trial.
A person who wishes to become a judge must
pass a judge education held by the Supreme
Court and go through several stages. Judges are
appointed by the President of the Republic of
Indonesia from the names of candidates
submitted by the House of Representatives on
the recommendation of the Judicial Commission.
CONCLUSION
In regards to our analysis to the To Kill A Mocking Bird Film,
we found out that the lack of diversity diminishes the quality of
decisions made by juries that lack different perspectives and
life experiences.

We argue that a representative, heterogeneous juries will

promote vigorous debate, and have an edge in fact finding,
especially when matters at issue incorporate social norms and
judgments.

Further, to realize the defendant's right to a fair trial, the trial

must be supervised by an impartial jury. In essence, the
impartiality of a judge reflects their competence to wisely
decide a case.
THANKS! DO YOU
HAVE ANY
QUESTIONS?

+ +

Should you have any questions,

please feel free to ask our group!