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Discussion Paper 46: Blind Or Deaf Jurors DP46 Blind or deaf jurors February 2004 DP46 Blind or deaf jurors New South Wales. Law Reform Commission. Sydney 2004 ISSN 0818-7924 (Discussion Paper) National Library of Australia Cataloguing-in-publication entry New South Wales. Law Reform Commission. Blind or deaf jurors Bibliography ISBN 0 7347 2605 8 1. Jurors – New South Wales. 2. Jury selection – New South Wales. 3. Jury duty – New South Wales. 4. Discrimination against people with disabilities – New South Wales. I. New South Wales. Law Reform Commission. (Series : Discussion paper (New South Wales. Law Reform Commission) ; 46). 347.9440752 ii NSW Law Reform Commission Contents TABLE OF CONTENTS TERMS OF REFERENCE .........................................................................................................................v PARTICIPANTS ..........................................................................................................................................v SUBMISSIONS.......................................................................................................................................... vii QUESTIONS............................................................................................................................................. viii 1. INTRODUCTION ....................................................................................................................................1 BACKGROUND TO THE REFERENCE..................................................................................................2 JURY SERVICE, CITIZENSHIP AND EQUALITY .................................................................................2 REQUIREMENT OF A FAIR TRIAL .........................................................................................................4 DEAF AND HEARING IMPAIRED............................................................................................................5 BLIND AND VISION IMPAIRED ...............................................................................................................6 STRUCTURE OF THIS PAPER................................................................................................................7 SUBMISSIONS............................................................................................................................................7 2. TRIAL BY JURY.....................................................................................................................................9 JURY EMPANELMENT............................................................................................................................10 DUTIES OF A JUROR..............................................................................................................................12 FEATURES OF TRIAL BY JURY ...........................................................................................................13 JUROR COMPETENCE...........................................................................................................................16 3. JURORS AND THE LEGAL PROCESS...........................................................................................19 EVIDENCE.................................................................................................................................................20 Demeanour .......................................................................................................................................24 INTERPRETERS.......................................................................................................................................29 Is Auslan English? ...........................................................................................................................32 CHALLENGING JURORS .......................................................................................................................35 Challenge for cause.........................................................................................................................35 Peremptory challenges ...................................................................................................................36 United Kingdom...........................................................................................................................38 United States...............................................................................................................................38 The limits of reform..........................................................................................................................41 CONCLUSION...........................................................................................................................................41 4. DISABILITY DISCRIMINATION.........................................................................................................43 LEGISLATION ...........................................................................................................................................44 The Jury Act 1977 (NSW) ..............................................................................................................44 Anti-Discrimination Act 1977 (NSW) .............................................................................................44 Disability Discrimination Act 1992 (Cth) .......................................................................................45 NSW Law Reform Commission iii DP46 Blind or deaf jurors POLICY CONSIDERATIONS..................................................................................................................46 REASONABLE ADJUSTMENTS............................................................................................................49 DEAF AND BLIND PEOPLE IN THE LEGAL SYSTEM......................................................................51 5. LAW REFORM IN OVERSEAS JURISDICTIONS..........................................................................53 CANADA.....................................................................................................................................................54 Provincial and territorial law ...........................................................................................................54 Federal law .......................................................................................................................................55 ENGLAND AND WALES .........................................................................................................................55 NEW ZEALAND ........................................................................................................................................57 UNITED STATES......................................................................................................................................58 Qualification/disqualification...........................................................................................................58 Challenges for cause.......................................................................................................................60 Exemptions and excuses................................................................................................................60 Reasonable accommodation..........................................................................................................61 Interpreters .......................................................................................................................................62 CONCLUSION...........................................................................................................................................63 6. REFORM?.............................................................................................................................................65 ELIGIBILITY...............................................................................................................................................66 Challenging jurors ...........................................................................................................................67 REASONABLE ADJUSTMENTS............................................................................................................68 Interpreters .......................................................................................................................................68 APPENDIX A: PRELIMINARY SUBMISSIONS ..................................................................................69 TABLES .....................................................................................................................................................71 TABLE OF LEGISLATION.......................................................................................................................72 TABLE OF CASES ...................................................................................................................................76 BIBLIOGRAPHY.......................................................................................................................................79 iv NSW Law Reform Commission Contents TERMS OF REFERENCE Blind or Deaf Jurors In a letter to the Commission received on 19 March 2002, the Attorney General, the Hon R J Debus MP made the following reference: To inquire into and to report on whether persons who are profoundly deaf or have a significant hearing or sight impairment should
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