Forensic Evaluation of Deaf Individuals: Challenges and Strategies

Abstract

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.

Why language matters: What forensic psychologists need to know about the deaf community, American Sign Language, and interpreters.

“…As much of what is opined from forensic evaluations is related to criminal responsibility, the efficient use of interviews and testing is crucial. As these concepts are difficult to communicate, they present unique challenges to both attorneys and mental health professionals (Pollard & Berlinski, 2017). Without an ASL interpreter, communication will likely be reduced to writing back and forth, or speech and lip reading, which have been shown to be ineffective and inappropriate for complex legal concepts.…”

“…These, in turn, may cause suspicious or guarded behaviors as a result of experiences “of maltreatment due to cultural and ethnic distrust and a reflection of the Deaf person to monitor the environment visually” (Morere et al, 2019, p. 9). As many of the concepts are difficult to communicate, they present unique challenges to both attorneys and mental health professionals with little or no experience working with the Deaf (Pollard & Berlinski, 2017).…”