Deaf Jurors
Deaf Jurors in Australian History
South Australia, 1846.
A hearing man pretends to be deaf to get out of jury service, but the judge ‘tests’ him and catches him out.
A “DEAF” JUROR. (1846, June 27). Adelaide Observer (SA : 1843 – 1904), p. 2. Retrieved January 3, 2024, from http://nla.gov.au/nla.news-article158922751
Melbourne, 1884.
A man asks to be excused from jury duty because he is deaf in one ear. The judge excuses him because jurors should be able to “hear both sides” (judge trying to be witty?)
A Good Reason. (1884, February 14). Melbourne Punch (Vic. : 1855 – 1900), p. 8. Retrieved October 30, 2023, from http://nla.gov.au/nla.news-article174561617
Victoria, 1918.
A “slightly deaf” juror participates in a jury – after the judge reads him his notes from the evidence.
A DEAF JUROR. (1918, March 2). Barrier Miner (Broken Hill, NSW : 1888 – 1954), p. 8. Retrieved October 30, 2023, from http://nla.gov.au/nla.news-article45444970
Queensland, 1926.
Deaf man declares that he participated in a previous jury, explaining that he followed it by reading about the case in the newspapers (jurors are not allowed to do that!).
DEAF JUROR. (1926, August 3). Queensland Times (Ipswich, Qld. : 1909 – 1954), p. 5 (DAILY.). Retrieved January 3, 2024, from http://nla.gov.au/nla.news-article118637117
Brisbane, 1931.
A man asks to be excused from jury duty because he is deaf in one ear. The judge excuses him because jurors “have to hear both sides here” (another judge who fancies himself a wit!)
DEAF JUROR. (1931, November 17). Toowoomba Chronicle and Darling Downs Gazette (Qld. : 1922 – 1933), p. 10. Retrieved January 3, 2024, from http://nla.gov.au/nla.news-article254227424
Melbourne, 1934.
Deaf juror sits through trial, but when the jury retires he says he did not hear most of the evidence. Angry judge considers some solutions, but finally discharges the jury and calls a new trial.
LAW COURTS (1934, August 22). The Argus (Melbourne, Vic. : 1848 – 1957), p. 5. Retrieved October 30, 2023, from http://nla.gov.au/nla.news-article10974845
Sydney, 1939.
Deaf juror sits through trial, but when the jury retires he says he did not hear most of the evidence. The judge considers dismissing the juror as “ill”, but finally discharges the jury and calls a new trial.
MEMBER OF JURY WAS DEAF (1939, July 25). The Evening News (Rockhampton, Qld. : 1924 – 1941), p. 5. Retrieved October 30, 2023, from http://nla.gov.au/nla.news-article198735828
Perth, 1947.
Without Precedent! (1947, November 15). Mirror (Perth, WA : 1921 – 1956), p. 10. Retrieved October 30, 2023, from http://nla.gov.au/nla.news-article75769807
“Had we had any inkling of this person’s disability he would not have been on the jury,” Mr. Justice Wolff
Sydney, 1949.
Driving ability is questioned (1949, November 18). The Evening Advocate (Innisfail, Qld. : 1941 – 1954), p. 1. Retrieved January 3, 2024, from http://nla.gov.au/nla.news-article212391136
“Judge Curlewis excused his from the jury and said in his opinion a man so deaf was not a proper person to drive a motor vehicle. He would send the paper to the Transport Department for them to consider cancelling Hill’s driving licence.”
Alice Springs, 1981.
Deaf juror sits through trial, but when the judge finds out he discharges the jury and calls for a new trial.
Juror found deaf (1981, October 15). The Canberra Times (ACT : 1926 – 1995), p. 10. Retrieved January 3, 2024, from http://nla.gov.au/nla.news-article126851970
Read More
Hale, S., Roque, M. S., Spencer, D., & Napier, J. (2017). Deaf citizens as jurors in Australian courts: Participating via professional interpreters. International Journal of Speech, Language and the Law, 24(2), 151-176. https://doi.org/10.1558/ijsll.32896
Napier, J., Spencer, D., Hale, S., Roque, M. S., Shearim, G., & Russell, D. (2019). Changing the international justice landscape: Perspectives on deaf citizenship and jury service. Sign Language Studies, 19(2), 240–266. https://www.jstor.org/stable/26806803
Spencer, D., San Roque, M., Napier, J., & Hale, S. (2017) Justice is blind as long as it isn’t deaf: Excluding deaf people from jury duty – an Australian human rights breach, Australian Journal of Human Rights, 23(3), 332-350, DOI: 10.1080/1323238X.2017.1392479
