Lyons Case Study
In the case of Lyons v Queensland [2016] HCA 38, Ms Lyons, who is profoundly deaf and requires assistance from Australian Language Interpreters (AUSLAN), was excluded from jury duty on the grounds of her impairment. Lyons held that her exclusion from serving on a jury was unlawful discrimination prohibited by the Anti-Discrimination Act 1991 (QLD) (A.D.A). After being summoned for jury duty, she notified the deputy registrar that she would require the assistance of an AUSLAN. After this request, Ms Lyons was excluded as a potential juror under section 4 (3i) of the Jury Act 1995 (QLD) (J.A) by the Deputy Registrar. The conclusion was that there was no legislation which allowed for an interpreter to be present during the deliberations by the …show more content…
Reinforced by the lack of an establishment allowing for an oath to be administered to an interpreter, or prohibition against an interpreter requesting disclosure of jury information. This was reinforced by Section 70 of the J.A which identifies the presence of another person in the room, as an irregularity which could vitae the verdict. The presence of a 13th person is an incurable irregularity and cannot be allowed despite any impairment that a person on the panel may have under Section 50 of the J.A. Further, there was no basis in statute to administer an oath to an interpreter assisting a juror by the Oaths Act 1867. A prohibition on seeking disclosure jury deliberations in the Jury Act would also not apply to an AUSLAN interpreter. The plurality held that the decision of the deputy registrar to exclude Ms Lyons from juror duty was not unlawful under the A.D.A 1991 and instead vetoed the contention that the disclosure or jury contemplations to an interpreter was lawful. The argument was based on the phrase “perform the functions of a juror” included in Section 4 (3L) of the J.A 1995. Additionally, the plurality also rejected the appellant’s contention that Section 54 (1) of the J.A 1995 extended a grant of leave to an AUSLAN. Section 54 (1) of the J.A only allows for the officer of the court
Hendrick Hudson Central School District V. Rowley: Case Study
1331 Words | 6 PagesRuby Lopez EDSE 5309-160 Board of Education of Hendrick Hudson Central School District v. Rowley Board of Education of Hendrick Hudson Central School District v. Rowley Background: Dispositive Facts of the Case Amy Rowley, whom herself and both parents were deaf, was enrolled in a public school in the state of New York for the start of her education. Prior to her first year in public school, kindergarten, her parents met for an IEP development. The IEP provided Rowley with a sign-language interpreter who would be present with her in the classroom. After being in the classroom with the sign-language interpreter, it was reported that the interpreter’s services were not needed by Rowley. For the continuation of her kindergarten
Hendrick Hudson Central School District V. Rowley Case
1076 Words | 5 PagesThe district court judge said that since Rowley lacked a sign language interpreter, she does not understands all of what goes on in class than she could if she were not deaf. Therefore Amy is not learning as much as she would without her handicap. The judge said that this means she was not receiving a free appropriate public education that she was entitled to. Wrights Law (1982). Board of Education of the Hendrick Hudson Central School District v. Amy Rowley (458 U. S. 176).
Jury System DBQ Essay
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Racial Profiling Case: The Lloyd Rayney Case
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Mercy Disborough Case
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Supported Decision-Making Analysis
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Arguments Against Majority Verdicts
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Juror 3 Character Analysis Essay
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The Pros And Cons Of Jury Selection
943 Words | 4 PagesTo start off, the jury is an important role when it comes to going to trial. The Sixth Amendment gives defendants the right to an impartial trial. A jury trial usually consists of six to twelve personnel within the community. There is a process called voir dire in which the selected jury goes through a series of question to determine their mindset and to ensure that they aren’t favoring one side over the other. Both the prosecution and defense team have a chance to select and question the jury.
ADA Argumentative Essay
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Prejudice In Twelve Angry Men
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Jury Trial Should Be Abolished Essay
1213 Words | 5 Pages5 Legislationgovuk, 'Article 6 ' (Human Rights Act 1998, 09/11/1998) accessed 27 September 2016 Scottish courts and tribunals service, 'Https://wwwscotcourtsgovuk/docs/default-source/coming-to-court/jurors/guidetojuryserviceeligibilitypdf?sfvrsn=6 ' (Guide to jury service Eligibility and Applying fot excusal, 1974) accessed 27 September 2016 Christopher H. smith, Human Rights in Northern Ireland: Congressional Hearing (DIANE Publishing, 1999) 142 Jennifer Currer and Peter Smith, AQA Law AS: Student 's Book Paperback (Nelson Thornes; New edition 2008) Kronlid [1996] AC 541 (CA) Alisdair gillespie and Siobhan weare, The English Legal System (Oxford University
Juror 8 Character Analysis
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Trial By Jury Advantages And Disadvantages
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