DuffEamon, ‘Urgent inquiry into jury system’, Sydney Morning Herald (Sydney), 1 October 2006. The NSW Attorney-General claims that for 2005–6, ‘102 400 jurors were summoned but nearly 40% were excused before attending court, another 11% were excused on the day’.
2.
KnoxMalcolm, Secrets of the Jury Room: Inside the black box of criminal justice in Australia (2005).
3.
The capitalised term Citizens' Jury has been trademarked in the US by the Jefferson Center http://www.jeffersoncenter.org, but has been freely used in lower-case in Australia to describe many variations of the original process.
4.
Planning cells, a variant of citizens' juries, are used throughout Germany. Denmark's Board of Technology routinely convenes consensus conferences.
5.
CarsonLyn, ‘Improving Public Deliberative Practice: A Comparative Analysis of Two Italian Citizens' Jury Projects’ (2006) 2(2) Journal of Public Deliberation, Article 12 http://services.bepress.com/jpd/ at 1 September 2007.
See CrosbyNed, Healthy Democracy: Empowering a clear and informed voice of the people (2003); and GastilJohn, By Popular Demand (2000).
10.
See CarsonLyn and HartPhillip, ‘An inventory of democratic deliberative processes in Australia’http://www.activedemocracy.net at 27 February 2008.
11.
See CarsonLyn, Consult your community – Handbook. A guide to using Citizens' Juries (2003). Prepared for PlanningNSW, Department of Infrastructure, Planning, and Natural Resources, Sydney.
12.
CarsonLyn and Hartz-KarpJanette, ‘Adapting and Combining Deliberative Designs: Juries, Polls, and Forums’ in GastilJohn and LevinePeter (eds), The Deliberative Democracy Handbook: Strategies for Effective Civic Engagement in the Twenty-First Century (2005) 120–138.
13.
Fung's term for democratic, deliberative processes such as citizens' juries. See FungArchon‘Varieties of participation in complex governance’ (2006) 66Public Administration Review66–75.
14.
CarsonLyn and MartinBrian, Random Selection in Politics (1999); and ManinBernard, The Principles of Representative Government (1997).
15.
The NSW Law Reform Commission is reported as claiming, for 2005/6, ‘102,400 jurors were summoned but nearly 40 per cent were excused before attending court, and another 11 per cent were excused on the day’. Duff, above n 1.
16.
Gastil and Crosby, above n 9.
17.
Hartz-KarpJanette, ‘Reflective Panel: Scenario for our Democratic Future’ (2006National Coalition for Dialogue & Deliberation, San Francisco USA, 5 August 2006).
18.
Gastil, above n 9, 19.
19.
SurowieckiJames, The Wisdom of Crowds (2005) 178.
20.
Knox, above n 2, 316.
21.
FindlayMark, ‘Juror comprehension and complexity’ (2001) British Journal of Criminology41, 56–76.
22.
Law Commission of New Zealand, Report 69 – Juries in Criminal Trials (2001).
23.
ConradClay S., Jury Nullification: The Evolution of a Doctrine (1998).
GastilJohn, ‘From small group member to citizen: Measuring the impact of jury deliberation on citizen identity and civic norms.’ (Presented at the 2005 annual conference of the National Communication Association, Boston, MA).
34.
GastilJohn, Political Communication and Deliberation (2008) 168.