Accident, provocation and jury reforms

In 2008, there were a number of areas in the criminal law in Queensland in which there was law reform activity. These include jury reform, accident and provocation.

Jury option needs early verdict

The decision in Rubin v Buchanan [2011] QSC 275 confirms that a trial by jury should be considered at the outset of a proceeding.

Trial by jury in civil proceedings : “convenience” and the philosophy of the UCPR

In Syddall v National Mutual Life Association of Australasia Limited [2008] QSC 101 Daubney J ordered the action be tried without a jury. His judgment considered the circumstances in which a trial involves any technical, scientific or other issue that can not be “conveniently” considered and resolved by a jury as provided in r 474 of the Uniform Civil Procedure Rules 1999 (Qld)

Doctrinal research : researching the jury

This chapter examines the doctrinal methodology which many lawyers consider best typifies a distinctly legal approach to research. Legal research skills have been identified as a core skill for lawyers, and within the profession, such skills are regarded as synonymous with the doctrinal research method. Good legal research skills are a necessary step in attaining the ability to ‘think like a lawyer’ and achieving valid legal reasoning outcomes. For lawyers, therefore, the doctrinal method is an intuitive aspect of legal work. Yet as this chapter demonstrates, the doctrinal methodology is not without its detractors. There have been serious criticisms of the method put forward by exponents of the various critical legal theories, as well as a perception in some academic circles that the doctrinal research method is nothing more than mere ‘scholarship’ and as a result less compelling or respected than the research methods used by those in the sciences and social sciences. Despite these attacks, and the incursions on the method posed by the growth in the use of non-doctrinal and interdisciplinary research work by lawyers, the argument put forward in this chapter is that the doctrinal method still necessarily forms the basis for most, if not all, legal research projects.

Right to trial by jury - construction of Uniform Civil Procedure r474

In Smit v Chan [2001] QSC 493 (Supreme Court of Queensland, S1233 of 1995, Mullins J, 21.12.2001) the sixth defendant successfully obtained an order that a complex medical negligence action be tried without a jury. This was the first application to be decided under r474 of UCPR 1999, and the decision is a significant precedent for defendants in similar cases who want to avoid the unpredictability of outcome and the inflated damages awards sometimes associated with jury trials.

Safeguard your access to trial by jury

In Watney v Kencian & Wooley [2014] QDC 290 Morxone QC DCJ considered the implications for defendants who desired a trial by jury, but who had relied on the election for that mode of trial made by the plaintiff in the statement of claim.

Trial by jury election less of a trial

In Kencian v Watney [2015] QCA 212 the Queensland Court of Appeal allowed an appeal against the decision in Watney v Kencian & Wooley [2014] QSC 290 and ordered, pursuant to r475(1) of the Uniform Civil Procedure Rules 1999 (Qld) that the trial proceed as a trial by jury.

Amphibian

Amphibian is an 10’00’’ musical work which explores new musical interfaces and approaches to hybridising performance practices from the popular music, electronic dance music and computer music traditions. The work is designed to be presented in a range of contexts associated with the electro-acoustic, popular and classical music traditions. The work is for two performers using two synchronised laptops, an electric guitar and a custom designed gestural interface for vocal performers - the e-Mic (Extended Mic-stand Interface Controller). This interface was developed by one of the co-authors, Donna Hewitt. The e-Mic allows a vocal performer to manipulate the voice in real time through the capture of physical gestures via an array of sensors - pressure, distance, tilt - along with ribbon controllers and an X-Y joystick microphone mount. Performance data are then sent to a computer, running audio-processing software, which is used to transform the audio signal from the microphone. In this work, data is also exchanged between performers via a local wireless network, allowing performers to work with shared data streams. The duo employs the gestural conventions of guitarist and singer (i.e. 'a band' in a popular music context), but transform these sounds and gestures into new digital music. The gestural language of popular music is deliberately subverted and taken into a new context. The piece thus explores the nexus between the sonic and performative practices of electro acoustic music and intelligent electronic dance music (‘idm’). This work was situated in the research fields of new musical interfacing, interaction design, experimental music composition and performance. The contexts in which the research was conducted were live musical performance and studio music production. The work investigated new methods for musical interfacing, performance data mapping, hybrid performance and compositional practices in electronic music. The research methodology was practice-led. New insights were gained from the iterative experimental workshopping of gestural inputs, musical data mapping, inter-performer data exchange, software patch design, data and audio processing chains. In respect of interfacing, there were innovations in the design and implementation of a novel sensor-based gestural interface for singers, the e-Mic, one of the only existing gestural controllers for singers. This work explored the compositional potential of sharing real time performance data between performers and deployed novel methods for inter-performer data exchange and mapping. As regards stylistic and performance innovation, the work explored and demonstrated an approach to the hybridisation of the gestural and sonic language of popular music with recent ‘post-digital’ approaches to laptop based experimental music The development of the work was supported by an Australia Council Grant. Research findings have been disseminated via a range of international conference publications, recordings, radio interviews (ABC Classic FM), broadcasts, and performances at international events and festivals. The work was curated into the major Australian international festival, Liquid Architecture, and was selected by an international music jury (through blind peer review) for presentation at the International Computer Music Conference in Belfast, N. Ireland.

Out of sight, out of mind/out of mind, out of site : Schooling and attention deficit hyperactivity disorder

Attention Deficit Hyperactivity Disorder is a diagnostic term now indelibly scored on the public psyche. In some quarters, a diagnosis of “ADHD” is regarded with derision. In others it is welcomed with relief. Despite intense multi-disciplinary research, the jury is still out with regards to the “truth” of ADHD. Not surprisingly, the rapid increase in diagnosis over the past fifteen years, coupled with an exponential rise in the prescription of restricted class psychopharmaceuticals has stirred virulent debate. Provoking the most interest, it seems, are questions regarding causality. Typically, these revolve around possible antecedents for “disorderly” behaviour – bad food, bad tv and bad parents. Very seldom is the institution of schooling ever in the line of sight. To investigate this gap, I draw on Foucault to question what might be happening in schools and how this may be contributing to the definition, recognition and classification of particular children as a particular kind of “disorderly”.

David L. Rosenhan (1929–2012)

Presents an obituary for David L. Rosenhan (1929–2012). A distinguished psychologist and professor emeritus at Stanford University, Rosenhan died February 6, 2012, at the age of 82, after a long illness. Born in Jersey City, New Jersey, on November 22, 1929, he received a bachelor’s degree in mathematics (1951) from Yeshiva College and a master’s degree in economics (1953) and a doctorate in psychology (1958) from Columbia University. A professor of law and of psychology at Stanford University from 1971 until his retirement in 1998, Rosenhan was a pioneer in applying psychological methods to the practice of law, including the examination of expert witnesses, jury selection, and jury deliberation. A former president of the American Psychology–Law Society and of the American Board of Forensic Psychology, Rosenhan was a fellow of the American Association for the Advancement of Science, of the American Psychological Association, and of the American Psychological Society. Before joining the Stanford Law School faculty, he was a member of the faculties of Swarthmore College, Princeton University, Haverford College, and the University of Pennsylvania. He also served as a research psychologist at the Educational Testing Service. As generations of Stanford students can attest, David Rosenhan was a spellbinding lecturer who managed to convey the sense that he was speaking to each individual, no matter how large the group. To his graduate students, he was consistently encouraging and optimistic, always ready to share a joke or story, and gently encouraging of their creativity and progressive independence as researchers. The lessons he cared most about offering, in the classroom as in his research, were about human dignity and the need to confront abuse of power and human frailties.

Blurred Lines may be the biggest music copyright case of 2015

The year is still young, but this week a judgement was handed down in what may well be the biggest music case of 2015. Marvin Gaye’s children have won a copyright law suit against Robin Thicke (no stranger to controversy) and Pharrell Williams for the song Blurred Lines. The 2013 hit was found to have infringed Gaye’s musical copyright in Got To Give It Up. A jury in the US awarded damages of nearly US$7.4 million – nearly half of the song’s US$16.6 million takings to date.

“It puts a human face on the researched”: A qualitative evaluation of an Indigenous research governance model

Objective This study aimed to describe the Inala Aboriginal and Torres Strait Islander Community Jury for Health Research, and evaluate its usefulness as a model of Indigenous research governance within an urban Indigenous primary health care service from the perspectives of Jury members and researchers. Methods Informed by a phenomenological approach and using narrative inquiry, a focus group was conducted with Jury members and key informant interviews were undertaken with researchers who had presented to the Community Jury in its first year of operation. Results The Jury was a site of identity work for researchers and Jury members, providing an opportunity to observe and affirm community cultural protocols. Although researchers and Jury members had differing levels of research literacy, the Jury processes enabled respectful communication and relationships to form which positively influenced research practice, community aspirations and clinical care. Discussion The Jury processes facilitated transformative research practice among researchers, and resulted in transference of power from researchers to the Jury members to the mutual benefit of both. Conclusion Ethical Indigenous health research practice requires an engagement with Indigenous peoples and knowledges at the research governance level, not simply as subjects or objects of research.

The Trial of Homo Economicus: The Dollar Hunting Animal

This operetta /morality play is set in a court room in the town of Puddle on the Piddle. The court is presided over by Judge Jan whose main role is to "adjudicate" between the prisoners (Homo economicus) and the victims, the wild life of Australia. After evidence has been presented the audience acts as Jury and votes guilty or not guilty by secret ballot. The Puddle Police play an important role in accompanying the prisoners into court.