The Bill of Rights, Due Process and the Deaf Suspect/Defendant

This research paper from the Journal of Interpretation looks at the intersection of a subset of deaf people, who are classified as semilingual (meaning they are functionally illiterate (reading level grade 2.9 or below) and lack proficient English or sign language skills.), and their involvement in the legal system. The research paper examines eleven frequently used legal documents, such as the Search and Seizure, Miranda Warning, and Guilty Plea Questionnaire, to determine the reading level required to understand the documents and highlight the absence of due process rights to these individuals.

From the research:

“The results clearly demonstrate that semilingual deaf defendants cannot read and understand these documents. Evidence is also presented which indicates that even with a sign language interpreter, the deaf semilingual population cannot comprehend the documents.

Due to their impoverished linguistic skills and resulting lack of general information, they are denied basic rights granted them under the Constitution and other sources of due process unless special methods are used to help them understand. Even then, the present legal system in the United States fails to protect deaf people’s legal rights to the same degree that it does their hearing counterparts.”