The Guardian has reported that a mock trial will be held in Sydney, Australia, to see whether deaf people can perform jury service.
This is not only an issue in Australia. In 2010, Cathy Heffernan wrote a comment piece for the Guardian about how the UK and Ireland should include deaf jurors, just like America and Canada do.
Extract:
A mock trial will be held in Sydney next week to investigate whether deaf people can be a part of a jury, amid claims that objections are “based on assumptions rather than evidence”.
In May, a Queensland judge ruled a deaf woman could not sit on a jury with an Auslan interpreter in a criminal case in the district or supreme court as it introduced a “13th juror”.
Next week’s project, led by the University of NSW, aims to test this premise.
Sandra Hale, professor of interpreting and translation at the University of NSW, said there was no evidence on the impact an interpreter had on the sanctity of deliberations.
“Interpreters abide by a professional code of ethics that requires strict confidentiality regarding any job they undertake,” she said in a statement.
“We’re trying to find out what impact having a deaf juror in the deliberation room and the trial will have on the rest of the participants,” Hale told Guardian Australia.
To read the full story, click here: http://www.theguardian.com/world/2014/jul/09/mock-trial-to-examine-ban-deaf-people-jury
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queby
July 9, 2014
I was called for jury service but exempted when I told them I was deaf. When I was asked ‘could we do anything to help you serve’ I said they could have ‘speech to text’ stenographers. Haven’t heard a word since!
Jemina Napier
July 9, 2014
The Guardian article is a little misleading. I have been leading on this research since 2006, and this is the final stage of the project. As I moved to Heriot-Watt University in the UK in 2013, I partnered with Prof Sandra Hale in Australia (who is an expert in legal interpreting) so we could still accept the Australian Research Council funding to complete the final stage of the research with the mock-trial. If you want more information about the research project see my blog: http://lifeinlincs.wordpress.com/2014/02/07/interpreting-for-deaf-jurors/
Cathy Alexandeŕ
July 13, 2014
This is going to be interesting! I know deaf people who have been excused for jury service due to deafness.
I am not concerned with the number of juries, that should be irrelevant!
What concerns me is whether or not a deaf person would COPE serving on a jury? In complex trials that can last for weeks n months how would a deaf person recall all the information? Hearing people could write it all down a deaf person could not.
There is also the problem of abstract language where BSL has no specific interpretation, so how would this be understood? Who would make sure the interpretation is exact?
Interpreters often work in pairs over a full day, so this means you dont have 13 juries, you have 14!! Another important point is when interpreters do not understand themselves, so they often stop and ask for clarification, would this be allowed? More to the point would a deaf juror be able to stop proceedings and ask for clarification if they dont undrrstand? What happens if they ask to clarify over n over again?
In the event this occurs it will mean the interpreter is going to be missing parts of the trial out! This means the person on trial would not be getting a fair trial if 1 of the jurors fails to fully understand proceedings.
Such failure could also make a trial collapse!!!
Deaf people are not all the same, some may cope admirably, others would be struggling like hell! This, in my book, would be tantamount to abuse! It may sound far fetched to some of you, but I have had interpreters for years, so am aware of all the shortfalls of how the service works. I imagine you would still have similar ptoblems with lipspeakers too. And how would the court accommodate palantype services?
Believe you me, its not the numbers on a jury anyone needs to be worried about, it is making sure deaf people FULLY understand without a trial collapsing, spectacularly!!!
Hartmut
July 17, 2014
Alexander,
who so pessimistic and negative and condescending toward Deaf people in general.
Hearing people do “suffer” those deficiencies you pointed out, not less proportionally. Deafies do have judgment in deciding whether to serve on a jury or not. They can plead their lack of English competency to get excused from the duty, like any immigrant. Interpreters should have a specialized certification or qualification to do the work in courts. Juries have access to written records and examine admitted evidence during their deliberations.
BTW, does a jury of Hearies be more qualified to judge over a Deaf defendant? They are not their peers?
Hartmut
Michele
December 13, 2014
My 22 year old deaf son has been called up for jury service and is quite alarmed about it. He also has traits of Asperger’s syndrome. I feel really concerned for him, I don’t think he will cope at all in this strange situation
Michele