Assuring a Deaf Defendant’s Rights in Trial

Assuring a Deaf Defendant’s Rights in Trial

When it comes to the American Justice System, one can conclude that most, if not all, positions, including judges, lawyers, witnesses, criminals, and jurors, were designed to ideally suit a literate, physically able, and English-speaking person. Essentially, this leaves little room for people who do not fit into this category, for example, deaf or hard-of-hearing persons. It is also worth noting that approximately 20 to 40 million people in America are either deaf or hard-hearing (American Bar Association Commission on Disability Rights, n.d.). In addition, there are high rates of illiteracy among deaf individuals in America, which makes it hard for them to read. As such, when it comes to court proceedings involving a deaf defendant, the process can end up denying the defendant their fundamental right to fair trial all because the court framework does not have adequate accommodation for such individuals (Pravda 2010). However, several rules and regulations guide courts in such proceedings.

Two of the most significant issues that bring about a lot of challenges in a court proceeding involving deaf defendants are knowledge about them and how to effectively communicate with them (Pravda 2010). In terms of knowledge, for instance, the court has to familiarize themselves with the community’s diversity. There are varying levels of hearing, communication methods, cultural identities, and age of onset. Some are born deaf, while others acquire the condition later on. Further, some can communicate using ASL, speaking, lip-reading, cued speech, or by use of cochlear implants or hearing aids. Three primary laws guide state, local and federal courts on how to proceed with trials involving deaf individuals. The Court Interpreters Act of 1978 and judicial policy govern the Federal courts, while the Americans with Disabilities Act and Section 504 of the Rehabilitation Act govern the state and local courts (Cheney 2020).

To ensure that deaf defendants have a fair and speedy trial, the laws mentioned above require that the courts provide that whatever is to be said or written in court is as clear and understandable to the deaf or hard-of-hearing individual as it is to the people without the impairment. The requirement is called effective communication. As such, providing summaries of the court proceedings to the defendant either during or after the court proceeding is not acceptable under these laws (Cheney 2020). In addition, under the practical communication guidelines, courts must provide auxiliary devices and services to help the defendant. Examples of such devices include Communication Access Real-time Translation (CART), assistive listening devices, text telephones (TTY), written materials, and qualified interpreters, among others (Cheney 2020). Notably, these devices vary depending on the method of communication that the defendant uses. In regards to interpreters, the courts must appoint experienced interpreters, certified by recognized certification organizations, to aid communication between the suspect and the lawyer for all stages of the preparation and presentation of the case.

Moreover, the laws also have an additional clause requiring courts to give the defendant primary consideration regarding auxiliary devices and services. The clause was implemented because only the impaired people are most familiar with their disability and, therefore, are in the best position to determine what type of auxiliary aid or service will be most effective for them. Among other guidelines in the American Bar Association Commission on Disability Rights, here are the most significant ones that should be followed during the entire process from pretrial to conclusion;

Pretrial

• The interpreters provided should be given access to the files involved in the trial before the proceeding starts. The interpreters should also meet with the defendant to ensure that they can communicate effectively. Further, the interpreter must be unbiased to either side of the trial.
• Arrangements should be made to ensure that all communication needs are met. Any challenges that may affect it, like seating arrangements, sound systems, and breaks, among others, are fixed.
• Selection of an impartial judge and jury.

Beginning Trial

• The jury must be instructed on the role of an auxiliary device or interpreters present. In addition, the jury must be required to rely on the interpretation instead of what they could presume they heard the defendant say in their language.
• Everyone should be advised to speak clearly and at a moderate pace and volume to accommodate the interpreter.
• Everyone should be instructed that only one person can speak at a time.
• Jurors should be instructed to treat evidence as only what the interpreter provides in English.
• Monitor the efficacy and functioning of the auxiliary aid or service provided.
• Breaks during the proceeding on an as-needed basis should be scheduled for interpreters.

In conclusion, two of the main areas where deaf and hard-of-hearing defendants’ rights are abused stem from are communication and knowledge. Without a deep understanding of the requirements of these two areas, cases involving such defendants could take a lot of time, and the process may be riddled with unfair treatment of the defendant. For example, by not providing interpretive language assistance to the defendant, the court takes away their ability to partake meaningfully. As a result, the trial is compromised to the degree that the defendant is basically left out of the proceedings.

References

American Bar Association Commission on Disability Rights (n.d). Court access for individuals who are deaf and hard of hearing. https://www.americanbar.org/content/dam/aba/administrative/commission-disability-rights/court-access-guide-lr-intractv-accsb-rev022317.authcheckdam.pdf

Cheney, M. (2020). Best Practices for Supporting Hearing-Impaired Law Library Patrons. Public Services Quarterly, 16(3), 206-211.

Pravda, D. M. (2010). I am understanding the rights of deaf and hard-of-hearing individuals to meaningful participation in court proceedings. Val. UL Rev., 45, 927.

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Assuring a Deaf Defendant’s Rights in Trial

800-word paper in which you articulate how a defendant’s rights at trial can be assured for a diverse or unique population (e.g., a deaf or elderly defendant). Discuss the pretrial process, jury selection (ex: voir dire), and determine how to ensure this defendant is provided with the rights to:
a speedy trial
an impartial judge
an impartial jury

Format your paper consistent with APA guidelines.