The Miranda Warnings and the Deaf Suspect

Abstract

Administration of the Miranda Warnings to deaf suspects poses many legal issues. If police officers, judges, attorneys and psychologists are unaware of these, evidence obtained as a consequence of deaf suspects waiving their Miranda Rights may be inadmissible in court. These issues include the importance of videotaping the police interview, the use of sign language interpreters, the determination of the deaf defendant's reading level and communication capacity, the limitations of lipreading, and other psycholinguistic factors. Recommendations are offered to aid in determining whether a deaf suspect is capable of understanding the Miranda Warnings and how these warnings should be administered.