Hearing on the Deaf Penalty: the Intersection of Deafness and Criminal Justice

The Deaf population in America's criminal justice system is far under-acknowledged, researched, and accommodated. Each year, gross negligence toward Deaf individuals results in exponentially costly lawsuits regarding violations of their constitutional and Americans with Disabilities Act (ADA) rights. The purpose of this study is to empirically identify the current deficits experienced by the Deaf within the criminal justice system through 18 qualitative interviews with two sub-populations: Deaf individuals who have directly interacted with the criminal justice system and professionals who witness the interaction of the Deaf within the criminal justice system. Results from the qualitative investigation revealed that the top three problems in the system were: 1) the lack of qualified, reliable interpreters; 2) the lack of communication accommodations available in prisons and jails; and 3) the lack of accommodative resources. The results suggest a disconnect between the professionals who serve the Deaf in the system and the Deaf themselves, which limits the potential benefit of those professionals to aid the population. The research implications of this investigation are presented.