Assessing Fitness for Trial of Deaf Defendants

Davidson, Fiona; Kovacevic, Velimir; Cave, Mark; Hart, Kathryn; Dark, Frances

doi:10.1080/13218719.2014.919690

Cited by 3 publications

(2 citation statements)

References 10 publications

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“…2 Sign language interpreter: Individuals who are qualified in the sign language that the witness/defendant uses (Davidson, Kovacevic, Cave, Hart, & Dark, 2015). It should be noted that different countries use different sign languages; e.g., American Sign Language (ASL) is used in the United States and British Sign Language (BSL) in the United Kingdom.…”

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confidence: 99%

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Court accommodations for persons with severe communication disabilities: A legal scoping review.

White¹,

Bornman²,

Johnson³

et al. 2021

Psychology, Public Policy, and Law

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For persons with severe communication disabilities to be given access to justice, transformative equality and court accommodations should be made a global human rights priority as articulated in Article 13 of the Convention on the Rights of Persons with Disabilities. However, these individuals face significant barriers when attempting to access the court system. Currently, there are numerous concerns about what accommodations should be afforded these individuals to ensure transformative equality in court. The aim of the current legal scoping review was to identify the range of documented court accommodations internationally that will enable persons with severe communication disabilities to participate equally and without discrimination in court. As the research aim is placed at the nexus of social sciences and law, a rigorous new 5-step framework was developed. Search terms were entered into 8 databases following the Preferred Reporting Items for Systematic Review and Meta-Analysis guidelines in order to ensure a worldwide sample of data. From the included 54 publications, a total of 302 accommodations were identified. Using an inductive coding approach, these accommodations were categorized according to the 4 components of the procedural justice framework: 62% of the accommodations referred to the Respect component; 27,40% referred to Voice; 19,47% to Understanding; and 15,51% to Neutrality. Accommodations with the highest frequency count were the use of intermediaries, permitting augmentative and alternative communication, ensuring appropriate and proper questioning strategies, allowing frequent breaks, including closed-circuit television (CCTV) in court, and using expert witnesses.

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confidence: 99%

“…15 Deaf relay interpreters: Sign language interpreters who also share the person's cultural experience and are able to draw on this perspective to aid communication, as they are able to translate from the standard sign language into the witness/defendant's idiosyncratic or individualistic nonverbal signs (Davidson et al, 2015).…”

mentioning

confidence: 99%

Court accommodations for persons with severe communication disabilities: A legal scoping review.

White¹,

Bornman²,

Johnson³

et al. 2021

Psychology, Public Policy, and Law

View full text Add to dashboard Cite

show abstract

Deaf Defendants and the Legal System

Feldman,

Silvasi,

Rotshtyn

et al. 2023

SpringerBriefs in Psychology

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Forensic Evaluation of Deaf Individuals: Challenges and Strategies

Pollard

Berlinski²

2017

Journal of Social Work in Disability & Rehabilitation

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Forensic evaluation of deaf individuals presents unique challenges due to many examinees' fund of information deficits, potential for language deprivation, and examiners' frequent lack of creativity regarding communication methods. This article describes challenges most frequently encountered in competency to stand trial and criminal responsibility evaluations and offers strategies for overcoming them. The value of employing multiple communication methods, especially the use of illustrations, is emphasized. Suggestions also are offered regarding preparing evaluation reports and effectively communicating "key deaf fundamentals" to legal personnel. Encouragement is offered for qualified, sign-fluent professionals to engage in forensic work.

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Assessing Fitness for Trial of Deaf Defendants

Cited by 3 publications

References 10 publications

Court accommodations for persons with severe communication disabilities: A legal scoping review.

Court accommodations for persons with severe communication disabilities: A legal scoping review.

Deaf Defendants and the Legal System

Forensic Evaluation of Deaf Individuals: Challenges and Strategies

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