Blinded by the White: a Comparative Analysis of Jury Challenges on Racial Grounds
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
The Sydney Law Review
volume 41 number 1 march 2019 the sydney law review julius stone address 1 Inside and Outside Global Law – Hans Lindahl articles Litigants and Legal Representatives: A Study of Special Leave Applications in the High Court of Australia – Pam Stewart and Anita Stuhmcke 35 The Principle of Legality: Protecting Statutory Rights from Statutory Infringement? – Bruce Chen 73 An Empirical Investigation of 20 Years of Trade Mark Infringement Litigation in Australian Courts – Vicki T Huang 105 before the high court Comcare v Banerji: Public Servants and Political Communication – Kieran Pender 131 book review Markus D Dubber, The Dual Penal State: The Crisis of Criminal Law in Comparative-Historical Perspective – James Monaghan 149 EDITORIAL BOARD Elisa Arcioni (Editor) Celeste Black (Editor) Fady Aoun Tanya Mitchell Ben Chen Jacqui Mowbray Emily Hammond Joellen Riley Sheelagh McCracken Yane Svetiev STUDENT EDITORIAL COMMITTEE Callum Christodoulou Byron Howard Serena May Elisabeth Enright Laura Ismay Ajay Sivanathan George Farrugia Elsher Keir Vivienne Zhang Claudia Harper Charlotte Lewis Before the High Court Editor: Emily Hammond Publishing Manager: Cate Stewart Correspondence should be addressed to: Sydney Law Review Law Publishing Unit Sydney Law School Building F10, Eastern Avenue UNIVERSITY OF SYDNEY NSW 2006 AUSTRALIA Email: [email protected] Website and submissions: <https://sydney.edu.au/law/our-research/ publications/sydney-law-review.html> For subscriptions outside North America: <http://sydney.edu.au/sup/> For subscriptions in North America, contact Gaunt: [email protected] The Sydney Law Review is a refereed journal. © 2019 Sydney Law Review and authors. ISSN 0082–0512 (PRINT) ISSN 1444–9528 (ONLINE) Julius Stone Address Inside and Outside Global Law Hans Lindahl† Abstract Protracted and bitter resistance by alter-globalisation and anti-globalisation movements around the world shows that the globalisation of law transpires as the globalisation of inclusion and exclusion. -
Trial Process in Virginia
te Trial Process In Virginia A Litigation Boutique THE TRIAL PROCESS IN VIRGINIA table of contents Overview . .3 Significant .MOtiOnS .in .virginia . .4 . Plea .in .Bar . .4 . DeMurrer. .5 . craving .Oyer . .5 Voir .Dire . anD .Jury .SelectiOn .in .virginia . .6 OPening .StateMent . .8 the .receiPt .Of .e viDence . .10 MOtiOnS .tO .Strike . the .eviDence . .12 crOSS-exaMinatiOn . .14 clOSing .arguMent. .15 Jury .inStructiOnS . .17 Making .a .recOrD .fOr .aPP eal . .17 tiMe .liMitS .fOr .nO ting .anD .Perfecting . an .aPPeal . .18 key .tiMe .liMit S .fOr . the .SuPreMe .cOurt .Of .virginia . .19 THE TRIAL PROCESS IN VIRGINIA overview The trial of a civil case in Virginia takes most of its central features from the English court system that was introduced into the “Virginia Colony” in the early 1600s. The core principles of confrontation, the right to a trial by one’s peers, hearsay principles and many other doctrines had already been originated, extensively debated and refined in English courts and Inns of Court long before the first gavel fell in a Virginia case. It is clearly a privilege to practice law in the historically important court system of the Commonwealth of Virginia, and everyone who “passes the bar” and earns the right to sit inside the well of the court literally follows in the footsteps of such groundbreaking pioneers as Thomas Jefferson, George Mason, George Wythe, John Marshall, Lewis Powell and Oliver Hill. However, this booklet is not designed to address either the history or the policy of the law, or to discuss the contributions of these and other legal giants whose legacy is the living system that we enjoy today as professional attorneys. -
Jury Selection in Federal Court
Resource ID: 1-613-5747 Jury Selection in Federal Court JONATHAN S. TAM, DECHERT LLP, WITH PRACTICAL LAW LITIGATION Search the Resource ID numbers in blue on Westlaw for more. This Practice Note addresses selecting a jury Exercising juror challenges (see Exercising Juror Challenges). in a federal civil case, including the applicable Conducting post-trial interviews (see Conducting Post-Trial Interviews). rules on picking a jury, the process and method for jury selection, researching prospective OVERVIEW OF THE JURY SELECTION PROCESS jurors and building juror profiles, conducting Although how a jury is selected varies among courts and judges, the voir dire, exercising peremptory challenges, process in federal court generally occurs in the following order: The court may first mail a preliminary, administrative questionnaire challenges for cause, and Batson challenges, to a randomly selected pool of prospective jurors from registered and interviewing jurors post-trial. voter or licensed driver lists to determine if these individuals appear qualified for federal jury service based on their age and ability to understand English (see Juror Qualifications). The prospect of a jury trial often keeps counsel and their clients The court mails summonses to an initial pool of randomly selected awake at night. Juries can be unpredictable, and jurors may have prospective jurors. The court then randomly selects a narrower preconceived ideas or biases that can escape counsel during the pool of prospective jurors from the initial pool, and calls them for a selection process. Some cases may be won or lost during jury specific case. selection, before opening statements or a single piece of evidence The judge presiding over the case determines whether any jurors is introduced. -
Voir Dire and Implicit Bias in the Federal Courts by Joanna Fox
At Sidebar Voir Dire and Implicit Bias in the Federal Courts by Joanna Fox Today, most lawyers and judges recognize the concept which fits well with her background (including her of implicit bias. In simple terms, implicit bias can be Ph.D. in psychology). For example, she begins voir described as the idea that people have thoughts and dire the same way she begins any therapy session: Ex- feelings outside of their conscious awareness and plaining in a straight-forward manner that this is a safe control that impact the way they make decisions. The place for each prospective juror to share his or her term encompasses innocuous thoughts and feelings thoughts about any topic, that there is no judgment or as well as more insidious stereotypes, where a person shame here, and that the lawyers and the judge do not may assign characteristics to all members of a group care how or why he or she answers a question the way Joanna Fox is a plain- or all classes of a certain thing. he or she did. tiffs’ personal injury and trial lawyer at Organizations like Project Implicit (a nonprofit or- When Blue suspects a prospective juror may have Fox Law APC in San ganization and international collaboration of research- some bias against her case based on initial question- Diego who specializes in ers who are interested in implicit social cognition) ing, she puts them in the “Cortez coffin,” her reference catastrophic injury and have spent years studying implicit bias and developing to Texas’ leading case on voir dire and juror rehabili- mass tort cases. -
Trial Court Discretion in Conducting the Voir Dire Subjected to More Stringent Scrutiny: Cordero V
Catholic University Law Review Volume 33 Issue 4 Summer 1984 Article 11 1984 Trial Court Discretion in Conducting the Voir Dire Subjected to More Stringent Scrutiny: Cordero v. United States Bevery Petersen Jennison Follow this and additional works at: https://scholarship.law.edu/lawreview Recommended Citation Bevery P. Jennison, Trial Court Discretion in Conducting the Voir Dire Subjected to More Stringent Scrutiny: Cordero v. United States, 33 Cath. U. L. Rev. 1121 (1984). Available at: https://scholarship.law.edu/lawreview/vol33/iss4/11 This Article is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. TRIAL COURT DISCRETION IN CONDUCTING THE VOIR DIRE SUBJECTED TO MORE STRINGENT SCRUTINY: CORDERO V. UNITED STA TES The custom of subjecting potential jurors to an extensive and searching voir dire examination' has become virtually nonexistent in both the crimi- nal and civil jury trial process in many areas of the United States.2 This trend is presently accepted in the Superior Court for the District of Colum- bia3 as well as in other judicial systems throughout the country. In most instances, judicial economy and a desire to assure speedy trials have placed the juror voir dire examination at the lowest level of priority in a trial.' In addition, many legal scholars have noted that, in reality, there is 1. The French term voir dire, literally translates "to speak the truth." Within the con- text of trial practice, the phrase voir dire is used to denote the oral examination of prospec- tive witnesses or jurors conducted by the court or by the attorneys for the litigating parties. -
FPA Legislation Committee Tabled Docu~Ent No. \
FPA Legislation Committee Tabled Docu~ent No. \, By: Mr~ C'-tn~:S AOlSC, Date: b IV\a,c<J..-. J,od.D , e,. t\-40.M I ---------- - ~ -- Australian Government National IndigeJrums Australlfans Agency OFFICIAL Chief Executive Officer Ray Griggs AO, CSC Reference: EC20~000257 Senator Tim Ayres Labor Senator for New South Wales Deputy Chair, Senate Finance and Public Administration Committee 6 March 2020 Re: Additional Estimates 2019-2020 Dear Senatafyres ~l Thank you for your letter dated 25 February 2020 requesting information about Indigenous Advancement Strategy (IAS) and Aboriginals Benefit Account (ABA) grants and unsuccessful applications for the periods 1 January- 30 June 2019 and 1 July 2019 (Agency establishment) - 25 February 2020. The National Indigenous Australians Agency has prepared the attached information; due to reporting cycles, we have provided the requested information for the period 1 January 2019 - 31 January 2020. However we can provide the information for the additional period if required. As requested, assessment scores are provided for the merit-based grant rounds: NAIDOC and ABA. Assessment scores for NAIDOC and ABA are not comparable, as NAIDOC is scored out of 20 and ABA is scored out of 15. Please note as there were no NAIDOC or ABA grants/ unsuccessful applications between 1 July 2019 and 31 January 2020, Attachments Band D do not include assessment scores. Please also note the physical location of unsuccessful applicants has been included, while the service delivery locations is provided for funded grants. In relation to ABA grants, we have included the then Department's recommendations to the Minister, as requested. -
A New Approach to Voir Dire on Racial Bias
Lee_production read v3 (clean) (Do Not Delete) 11/25/2015 3:36 PM A New Approach to Voir Dire on Racial Bias Cynthia Lee* Introduction ..................................................................................................................... 843 I. Voir Dire ....................................................................................................................... 847 A. The Process of Voir Dire ......................................................................... 848 B. The Supreme Court’s Jurisprudence on Voir Dire into Racial Bias ............................................................................................................... 852 II. Social Science Research on Race Salience ............................................................. 860 A. Implicit Bias................................................................................................ 860 B. Race Salience .............................................................................................. 861 III. Social Science Research on Racial Perceptions of Crime and Support for Punitive Criminal Justice Policies .................................................................... 863 IV. Combating Implicit Racial Bias in the Criminal Courtroom ............................. 866 A. Raising Awareness of Implicit Bias Through Jury Orientation Materials ...................................................................................................... 866 B. Raising Awareness of Implicit Bias Through Voir Dire .................... -
Addendum a Panel Voir Dire 1
ADDENDUM A PANEL VOIR DIRE 1. Pretrial Procedure Any attorney or self-represented party who requests panel voir dire shall serve and file a motion requesting leave to do so in accordance with District Court Standing Order x-xx: Voir Dire Protocol. The motion shall identify the general areas of panel inquiry by topic, recognizing some topics must be raised with each juror individually.1 The trial judge may, in the exercise of discretion, require attorneys and self-represented parties to submit the specific language of the proposed questions for pre-approval. The motion and any responsive filing shall also include a concise description of the case, along with any proposed language for brief preliminary instructions on principles of law to be given pursuant to paragraph 2(b) below. The trial judge should inform the parties of any reasonable time limit the trial judge has set for examination of each panel of prospective jurors by attorneys or self-represented parties, giving due regard to (a) the objective of identifying inappropriate bias in fairness to all parties; (b) the interests of the public and of the parties in reasonable expedition, in proportion to the nature and seriousness of the case and the extent of the anticipated evidence; and (c) the needs of cases scheduled in other sessions drawing on the same jury pool for access to prospective jurors. 2. Venire Examination Before any questioning of a juror panel by attorneys or self-represented parties, or at such other time as the trial judge deems most appropriate, the trial judge should: (a) provide the venire with a brief description of the case, including the nature of the facts 1 Error! Main Document Only. -
Rare Books Lib
RBTH 2239 RARE BOOKS LIB. S The University of Sydney Copyright and use of this thesis This thesis must be used in accordance with the provisions of the Copynght Act 1968. Reproduction of material protected by copyright may be an infringement of copyright and copyright owners may be entitled to take legal action against persons who infringe their copyright. Section 51 (2) of the Copyright Act permits an authorized officer of a university library or archives to provide a copy (by communication or otherwise) of an unpublished thesis kept in the library or archives, to a person who satisfies the authorized officer that he or she requires the reproduction for the purposes of research or study. The Copyright Act gran~s the creator of a work a number of moral rights, specifically the right of attribution, the right against false attribution and the right of integrity. You may infringe the author's moral rights if you: • fail to acknowledge the author of this thesis if you quote sections from the work • attribute this thesis to another author • subject this thesis to derogatory treatment which may prejudice the author's reputation For further information contact the University's Director of Copyright Services Telephone: 02 9351 2991 e-mail: [email protected] Camels, Ships and Trains: Translation Across the 'Indian Archipelago,' 1860- 1930 Samia Khatun A thesis submitted in fuUUment of the requirements of the degree of Doctor of Philosophy Department of History, University of Sydney March 2012 I Abstract In this thesis I pose the questions: What if historians of the Australian region began to read materials that are not in English? What places become visible beyond the territorial definitions of British settler colony and 'White Australia'? What past geographies could we reconstruct through historical prose? From the 1860s there emerged a circuit of camels, ships and trains connecting Australian deserts to the Indian Ocean world and British Indian ports. -
PRG 1686 Series List Page 1 of 4 Sister Michele Madiga
_________________________________________________________________________ Sister Michele Madigan PRG 1686 Series List _________________________________________________________________________ Subject files relating to the campaign against the proposed radioactive 1 dump in South Australia. 1998-2004. 21.5 cm. Comprises subject files compiled by Michele Madigan: File 1: Environmentalists’ information and handouts File 2: Environmentalists’ information and handouts File 3: Greenpeace submission re radioactive wastes disposal File 4: Kupa Piti Kungka Tjuta (Coober Pedy Senior Aboriginal Women’s Council) campaign against radioactive dump papers File 5: Kupa Piti Kungka Tjuta – press clippings File 6: Coober Pedy town group campaign against a radioactive dump File 7: Postcards and printed material File 8: Michele Madigan’s personal correspondence against a radioactive dump File 9: SA Parliamentary proceedings against a radioactive dump File 10: Federal Government for a radioactive dump. File 11: Press cuttings. File 12: Brochures, blank petition forms and information, produced by various groups (Australian Conservation Foundation, Friends of the Earth, etc. Subject files relating to uranium mining (mainly in S.A.) 2 1996-2011. 10 cm. Comprises seven files which includes brochures, press clippings, emails, reports and newsletters. File 1 : Roxby Downs – Western Mining (WMC) / Olympic Dam File 2: Ardbunna elder, Kevin Buzzacott. File 3: Beverley and Honeymoon mines in South Australia. File 4: Background to uranium mining in Australia. File 5: Proposed expansion of Olympic Dam. File 6: Transportation of radioactive waste including across South Australia. File 7: Northern Territory traditional owners against Mukaty Dump proposal. PRG 1686 Series list Page 1 of 4 _________________________________________________________________________ Subject files relating to the British nuclear explosions at Maralinga 3 in the 1950s and 1960s. -
Indigenous Knowledge in the Built Environment a Guide for Tertiary Educators
Indigenous Knowledge in The Built Environment A Guide for Tertiary Educators David S Jones, Darryl Low Choy, Richard Tucker, Scott Heyes, Grant Revell & Susan Bird Support for the production of this publication has been 2018 provided by the Australian Government Department of Education and Training. The views expressed in this report do ISBN not necessarily reflect the views of the Australian Government 978-1-76051-164-7 [PRINT], Department of Education and Training. 978-1-76051-165-4 [PDF], With the exception of the Commonwealth Coat of Arms, and 978-1-76051-166-1 [DOCX] where otherwise noted, all material presented in this document is provided under Creative Commons Attribution-ShareAlike 4.0 Citation: International License http://creativecommons.org/licenses/ Jones, DS, D Low Choy, R Tucker, SA Heyes, G Revell & S Bird by-sa/4.0/ (2018), Indigenous Knowledge in the Built Environment: A Guide The details of the relevant licence conditions are available on for Tertiary Educators. Canberra, ACT: Australian Government the Creative Commons website (accessible using the links Department of Education and Training. provided) as is the full legal code for the Creative Commons Attribution- ShareAlike 4.0 International License http:// Warning: creativecommons.org/licenses/by-sa/4.0/legalcode Aboriginal and Torres Strait Islander readers are warned that the following document may contain images and names of Requests and inquiries concerning these rights should be deceased persons. addressed to: Office for Learning and Teaching A Note on the Project’s Peer Review Process: Department of Education The content of this teaching guide has been independently GPO Box 9880, peer reviewed by five Australian academics that specialise Location code N255EL10 in the teaching of Indigenous knowledge systems within the Sydney NSW 2001 built environment professions, two of which are Aboriginal [email protected] academics and practitioners. -
Volume 34 Number 2 2013
Adelaide Law Review 2013 Adelaide Law Review 2013 Adelaide Law Review 2013 TABLETABLETABLE OF OFOF CONTENTS CONTENTSCONTENTS THETHETHE 2011 2012 20112011 JOHN JOHNJOHN BRAY BRAYBRAYBRAY ORATION ORATIONORATION ORATION JohnDavidDavidDavid Doyle Irvine IrvineIrvine ChoosingFrFrFreeeeeedomdomdom andOur andand Security: JudgesSecurity:Security: Maintaining MaintainingMaintaining The TheThe Balance BalanceBalance 223295295295 ARTICLES ARTICLESARTICLESARTICLES THETHETHE UNIVERSITY UNIVERSITYUNIVERSITY OF OFOF ADELAIDE ADELAIDEADELAIDE M Stuart Madden Efficiency Themes in Tort Law from Antiquity 231 JamesJamesJames Allan AllanAllan and andand TimeTimeTime and andand Chance ChanceChance and andand the thethe Prevailing PrevailingPrevailing Orthodoxy OrthodoxyOrthodoxy in inin ADELAIDEADELAIDEADELAIDE LAW LAWLAW REVIEW REVIEWREVIEW ChrisAnthonyAnthonyAnthony Finn Senanayake SenanayakeSenanayake ExtrajudicialLegalLegalLegal Academia AcademiaAcademia Speech Happeneth HappenethHappeneth and the to to toPrejudgment Them ThemThem All AllAll — —— A Rule: AA Study StudyStudy Aof ofReplof the thethe yTop Top Topto LawBartie LawLaw Journals JournalsJournals and Gava of ofof Australia Australia Australia and andand New NewNew Ze ZeZealandalandaland 267307307307 ASSOCIATIONASSOCIATIONASSOCIATION Jenny Buchan Franchising: A Honey Pot in a Bear Trap 283 LaurentiaLaurentiaLaurentia Mc McMcKessarKessarKessar ThreeThreeThree Constitutional ConstitutionalConstitutional Themes ThemesThemes in inin the thethe High HighHigh Court CourtCourt Mirk o Bagaric Aof ofRationalof