An Interpreter Isn't Enough: Deafness, Language, and Due Process

Abstract

Prelingual deafness (hearing loss from birth or early childhood) is a complicated communication disorder that has a profound effect on language and knowledge acquisition, language usage, and overall linguistic ability. This means that most deaf defendants will be at a marked disadvantage in their dealings with the criminal or juvenile justice systems. It also means that simply providing an interpreter will not be an adequate remedy. This article looks at the intertwined issues of deafness, language, interpretation, and their cumulative effect on deaf people's ability to meaningfully participate in the justice system.