NCJ Number
94868
Journal
Journal of Criminal Law and Criminology Volume: 75 Issue: 1 Dated: (Spring 1984) Pages: 166-197
Date Published
1984
Length
32 pages
Annotation
Deaf criminal suspects possess the right to understand and participate in all criminal proceedings. This right can be protected only when a qualified interpreter is provided.
Abstract
Present laws that provide for interpreting in the criminal justice system do not sufficiently protect deaf criminal suspects' right to understand the proceedings at all stages of the criminal process. Sign language is the most effective method of visual communication for deaf criminal suspects because sign language interpretation gives deaf suspects a complete and simultaneous translation of the discussion. Sign language interpretation is essential to protect deaf suspects' rights to understand Miranda warnings, police questioning, interrogation, notification of charges, and criminal proceedings at court. States should adopt comprehensive interpreting statutes to assure that these rights are protected. However, protecting these constitutional rights by statute may not be enough for deaf suspects. Judges, police officers, court personnel, and attorneys also must be made aware of the special needs and concerns of deaf suspects through awareness programs, information services, training programs, and review courses. The deaf suspects' constitutional rights to understand fully and participate in the proceedings at all stages of the criminal process can be protected only when legislatures, judges, and police officials work together to eliminate the legal handicaps of the deaf. A total of 170 footnotes are included; a model interpreting statute is appended.