Avoiding the deaf penalty: a review of the experiences of d/Deaf individuals in the criminal justice system

Abstract

Despite real life examples of injustices in the criminal justice system involving d/Deaf individuals and calls from advocacy groups for more awareness and training related to this issue, there has been very little research into the area. The research that does exist is piecemeal and generally focuses on a specific area of the system, ignoring the more global view of the criminal justice system. Further, such research is largely American. Given the fragmented, siloed nature of the extant literature and the lack of available Canadian data, this review paper sought to provide an overview of the existing literature on the experiences of d/Deaf individuals at all levels of the criminal justice system. Findings indicate that d/Deaf individuals are underserved and understudied putting them at a distinct disadvantage relative to their hearing peers. Suggestions for improvements are provided for all levels of the criminal justice system.

Points of interest

• This article examines the literature regarding the experience of individuals who consider themselves medically deaf or culturally Deaf at all levels of the criminal justice system.

• In the literature, there were several common issues identified including a lack of training, resources, and qualified interpreters as well as inadequate policies at all levels of the criminal justice system.

• One of the biggest issues identified was a lack of d/Deaf awareness among professionals working in the criminal justice system. Enhanced d/Deaf awareness could improve the experiences of d/Deaf individuals who come into contact with the criminal justice system.

• This literature review indicated that more research into the experiences of d/Deaf offenders needs to be done and highlights the importance of including d/Deaf individuals in this process.

Keywords:

• Deafness
• criminal justice
• legal issues
• social justice

Disclosure statement

The author has no conflicts of interest to declare.

Additional information

Funding

This research did not receive any specific grant from funding agencies in the public, commercial, or not-for-profit sectors.