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	<title>
	Comments on: Deaf persons on juries	</title>
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	<link>https://www.overlawyered.com/2009/01/deaf-persons-on-juries/</link>
	<description>Chronicling the high cost of our legal system</description>
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		<title>
		By: MF		</title>
		<link>https://www.overlawyered.com/2009/01/deaf-persons-on-juries/comment-page-1/#comment-38805</link>

		<dc:creator><![CDATA[MF]]></dc:creator>
		<pubDate>Thu, 15 Jan 2009 20:10:41 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=8262#comment-38805</guid>

					<description><![CDATA[&lt;i&gt;IANAL, so somebody help me. If the deaf juror had to rely on a transcript, wouldn’t that be hearsay?&lt;/i&gt;

IANAL either, but no, reading a transcript is something a juror will do to clarify or to refresh memory on what was said during the trial.  How is that hearsay?]]></description>
			<content:encoded><![CDATA[<p><i>IANAL, so somebody help me. If the deaf juror had to rely on a transcript, wouldn’t that be hearsay?</i></p>
<p>IANAL either, but no, reading a transcript is something a juror will do to clarify or to refresh memory on what was said during the trial.  How is that hearsay?</p>
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		<title>
		By: Jeff Hall		</title>
		<link>https://www.overlawyered.com/2009/01/deaf-persons-on-juries/comment-page-1/#comment-38733</link>

		<dc:creator><![CDATA[Jeff Hall]]></dc:creator>
		<pubDate>Wed, 14 Jan 2009 16:16:54 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=8262#comment-38733</guid>

					<description><![CDATA[My elderly grandmother was very hard of hearing.  She couldn&#039;t read lips (and couldn&#039;t see a witness&#039; lips from 10 feet away, for that matter.)  She got called up for jury duty and had to sit in the jury pool.  She was pretty sure that she wasn&#039;t actually &lt;i&gt;on&lt;/i&gt; a jury, though.]]></description>
			<content:encoded><![CDATA[<p>My elderly grandmother was very hard of hearing.  She couldn&#8217;t read lips (and couldn&#8217;t see a witness&#8217; lips from 10 feet away, for that matter.)  She got called up for jury duty and had to sit in the jury pool.  She was pretty sure that she wasn&#8217;t actually <i>on</i> a jury, though.</p>
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		<title>
		By: ShelbyC		</title>
		<link>https://www.overlawyered.com/2009/01/deaf-persons-on-juries/comment-page-1/#comment-38689</link>

		<dc:creator><![CDATA[ShelbyC]]></dc:creator>
		<pubDate>Tue, 13 Jan 2009 23:14:40 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=8262#comment-38689</guid>

					<description><![CDATA[IANAL, so somebody help me.  If the deaf juror had to rely on a transcript, wouldn&#039;t that be hearsay?]]></description>
			<content:encoded><![CDATA[<p>IANAL, so somebody help me.  If the deaf juror had to rely on a transcript, wouldn&#8217;t that be hearsay?</p>
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		<title>
		By: MF		</title>
		<link>https://www.overlawyered.com/2009/01/deaf-persons-on-juries/comment-page-1/#comment-38677</link>

		<dc:creator><![CDATA[MF]]></dc:creator>
		<pubDate>Tue, 13 Jan 2009 21:55:15 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=8262#comment-38677</guid>

					<description><![CDATA[&lt;i&gt;It is my understanding that sign language is a whole different language …&lt;/i&gt;  This is true.  ASL (American Sign Language) is what most hearing impaired people use, and it has an entirely different syntax and vocabulary than that of English.  Certainly the deaf juror would have had access to a written transcription of the 911 tape, so I think we can put the translation argument to rest.

As for the foreign language only juror, are non-English speaking jurors excluded from a jury pool?  That&#039;s something I&#039;ve never even thought about.]]></description>
			<content:encoded><![CDATA[<p><i>It is my understanding that sign language is a whole different language …</i>  This is true.  ASL (American Sign Language) is what most hearing impaired people use, and it has an entirely different syntax and vocabulary than that of English.  Certainly the deaf juror would have had access to a written transcription of the 911 tape, so I think we can put the translation argument to rest.</p>
<p>As for the foreign language only juror, are non-English speaking jurors excluded from a jury pool?  That&#8217;s something I&#8217;ve never even thought about.</p>
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		<title>
		By: MN Mom		</title>
		<link>https://www.overlawyered.com/2009/01/deaf-persons-on-juries/comment-page-1/#comment-38661</link>

		<dc:creator><![CDATA[MN Mom]]></dc:creator>
		<pubDate>Tue, 13 Jan 2009 17:54:37 +0000</pubDate>
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					<description><![CDATA[It is my understanding that sign language is a whole different language ... at least I have seen it taught as a foreign language at colleges and universities here.  It is missing thousands of the words, grammar, etc. that is found in our American language.  Would we accept a German-speaking only juror that requires translation?  No ... and for this reason, I don&#039;t think we could accept a deaf person.  Reading lips isn&#039;t possible because a witness is often times speaking to a point away from the jury.]]></description>
			<content:encoded><![CDATA[<p>It is my understanding that sign language is a whole different language &#8230; at least I have seen it taught as a foreign language at colleges and universities here.  It is missing thousands of the words, grammar, etc. that is found in our American language.  Would we accept a German-speaking only juror that requires translation?  No &#8230; and for this reason, I don&#8217;t think we could accept a deaf person.  Reading lips isn&#8217;t possible because a witness is often times speaking to a point away from the jury.</p>
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		<title>
		By: Mick		</title>
		<link>https://www.overlawyered.com/2009/01/deaf-persons-on-juries/comment-page-1/#comment-38643</link>

		<dc:creator><![CDATA[Mick]]></dc:creator>
		<pubDate>Tue, 13 Jan 2009 06:10:45 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=8262#comment-38643</guid>

					<description><![CDATA[I am 50-50 on this one. 

I am not against having deaf people in juries, but there are times when a deaf person would be at a clear disadvantage.]]></description>
			<content:encoded><![CDATA[<p>I am 50-50 on this one. </p>
<p>I am not against having deaf people in juries, but there are times when a deaf person would be at a clear disadvantage.</p>
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		<title>
		By: gitarcarver		</title>
		<link>https://www.overlawyered.com/2009/01/deaf-persons-on-juries/comment-page-1/#comment-38627</link>

		<dc:creator><![CDATA[gitarcarver]]></dc:creator>
		<pubDate>Tue, 13 Jan 2009 02:02:59 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=8262#comment-38627</guid>

					<description><![CDATA[The &quot;vocal nuances&quot; were not a key pieve of evidence.  The 911 recording was.  The nuances were a part of that recording.

Even if each side gets an expert to attest to the &quot;significance&quot; of the nuance, the fact of the matter is that the juror cannot evaluate what the experts are saying because he cannot hear that which the the testimony is based.  You are therefore back to the same thing - the juror must either totally ignore the evidence or rely on what other jurors heard.  

Neither is right for either side.]]></description>
			<content:encoded><![CDATA[<p>The &#8220;vocal nuances&#8221; were not a key pieve of evidence.  The 911 recording was.  The nuances were a part of that recording.</p>
<p>Even if each side gets an expert to attest to the &#8220;significance&#8221; of the nuance, the fact of the matter is that the juror cannot evaluate what the experts are saying because he cannot hear that which the the testimony is based.  You are therefore back to the same thing &#8211; the juror must either totally ignore the evidence or rely on what other jurors heard.  </p>
<p>Neither is right for either side.</p>
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		<title>
		By: asdf fff		</title>
		<link>https://www.overlawyered.com/2009/01/deaf-persons-on-juries/comment-page-1/#comment-38625</link>

		<dc:creator><![CDATA[asdf fff]]></dc:creator>
		<pubDate>Tue, 13 Jan 2009 01:05:34 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=8262#comment-38625</guid>

					<description><![CDATA[I don&#039;t think it is too plausible that a &quot;vocal nuance&quot; can be a &quot;key piece of evidence.&quot; If a &quot;vocal nuance&quot; really were so key, either side could get expert testimony to testify about its significance or lack thereof.]]></description>
			<content:encoded><![CDATA[<p>I don&#8217;t think it is too plausible that a &#8220;vocal nuance&#8221; can be a &#8220;key piece of evidence.&#8221; If a &#8220;vocal nuance&#8221; really were so key, either side could get expert testimony to testify about its significance or lack thereof.</p>
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		<item>
		<title>
		By: gitarcarver		</title>
		<link>https://www.overlawyered.com/2009/01/deaf-persons-on-juries/comment-page-1/#comment-38622</link>

		<dc:creator><![CDATA[gitarcarver]]></dc:creator>
		<pubDate>Tue, 13 Jan 2009 00:39:30 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=8262#comment-38622</guid>

					<description><![CDATA[The site is backup now.  

Quoting the newpaper article:  &lt;i&gt;The court concluded that boat owner Scott Speer of Fairlawn didn&#039;t receive a fair trial because a hearing-impaired woman was on the jury and she couldn&#039;t fully comprehend the vocal nuances in Speer&#039;s 911 call, a key piece of evidence in the case.&lt;/i&gt;

For all of those here that are saying how silly the argument that disabled people should not be excluded from jury service, what about in the case where a lack of a sense prohibits a person from actually examining a piece of evidence?

In this case, the evidence was a 911 tape that one juror could not hear or hear well enough.  

How can it be fair to either the prosecution or the defense that one person on the jury cannot examine a piece of evidence?   Won&#039;t that juror have to either simply not take into account that piece of evidence or rely on other jurors to communicate what the evidence indicated, therefore eliminating the disabled juror&#039;s ability to evaluate evidence on their own?]]></description>
			<content:encoded><![CDATA[<p>The site is backup now.  </p>
<p>Quoting the newpaper article:  <i>The court concluded that boat owner Scott Speer of Fairlawn didn&#8217;t receive a fair trial because a hearing-impaired woman was on the jury and she couldn&#8217;t fully comprehend the vocal nuances in Speer&#8217;s 911 call, a key piece of evidence in the case.</i></p>
<p>For all of those here that are saying how silly the argument that disabled people should not be excluded from jury service, what about in the case where a lack of a sense prohibits a person from actually examining a piece of evidence?</p>
<p>In this case, the evidence was a 911 tape that one juror could not hear or hear well enough.  </p>
<p>How can it be fair to either the prosecution or the defense that one person on the jury cannot examine a piece of evidence?   Won&#8217;t that juror have to either simply not take into account that piece of evidence or rely on other jurors to communicate what the evidence indicated, therefore eliminating the disabled juror&#8217;s ability to evaluate evidence on their own?</p>
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		<title>
		By: Walter Olson		</title>
		<link>https://www.overlawyered.com/2009/01/deaf-persons-on-juries/comment-page-1/#comment-38612</link>

		<dc:creator><![CDATA[Walter Olson]]></dc:creator>
		<pubDate>Mon, 12 Jan 2009 21:01:44 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=8262#comment-38612</guid>

					<description><![CDATA[Greenfield&#039;s whole site seems to be down. I&#039;d assume this is a temporary outage and would check it again later.]]></description>
			<content:encoded><![CDATA[<p>Greenfield&#8217;s whole site seems to be down. I&#8217;d assume this is a temporary outage and would check it again later.</p>
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