The Struggle of the Deaf in Prison

By BitcoDavid

Deep beneath Colorado’s Cheyenne Mountain – recently renamed Mt. BitcoDavid – lies the DeafInPrison.com complex. Here, thousands of worker bees – wearing black suits, dark sunglasses and coiled thingies in their ears – drive around in blacked-out Chevy Suburbans, and labor tirelessly to bring you the best in Internet content.

Recently they received a communique from the Silent Grapevine, requesting a supporter contribution. Here is BitcoDavid’s response to that request:

The Struggle of the Deaf in Prison

By
BitcoDavid

All three elements of interaction with the Justice system, directly affect the Deaf in far different ways than they do the Hearing.

1) Arrest: The goal of police during an arrest is to take physical custody of a suspect. Their only concern is discovering hidden weapons, and preventing escape. There is little opportunity for communication during this phase, and an ability of the suspect to follow orders is essential. When a cop holding his gun, yells “get down or I’ll shoot,” you need to get down. If you can’t understand that command, you’re in immediate danger. Many Deaf sacrifice their Constitutional rights, due to lack of understanding the Miranda warning. A written card containing the Miranda rights is useless, because many Deaf have limited reading ability.

The interrogation phase of arrest is equally fraught with communicational failings. Many Deaf, in order to fit in, or to expedite an uncomfortable situation, will respond to questioning by smile and nod. This leads Hearing to believe that the Deaf understand what is going on, even when they don’t. Finally, out of fear and exhaustion, the suspects will often confess to things they didn’t do. After 12, 24, possibly even 48 hours of grueling questions – none of which they can hear or understand – they confess.

2) Court proceedings and trial: Here, an interpreter is essential, but is often denied. An example is the now 33-year-old case of Felix Garcia, the man that DeafInPrison.com is working to pardon. On numerous occasions, the judge would ask Felix if he could hear. For reasons that he himself isn’t completely clear on, he would answer in the affirmative. In the end, all they did was turn the speakers all the way up, causing Felix great pain, but not aiding at all in his ability to hear the accusations and evidence against him.

If a Deaf defendant is at all likely to have the benefit of a qualified ASL interpreter, it is during the trial phase. However, interpreters cost money that states are loath to spend. They will invariably try to find cost cutting methods of getting things done. Why add to an already expensive trial if you can prove that no interpreter is required?

3) Incarceration: It is here that the Deaf suffer most. It is here as well, that competent interpreters are most necessary, and least often made available. There have been cases reported of Deaf inmates not reporting for Count, because the order is verbal. Failure to report for Count can result in serious punishment such as Solitary Confinement. The same situation exists with Mess. Often, Deaf inmates go without being fed, because they are unaware that it’s time to eat.

The biggest problem for the Deaf in America’s prisons is violence and rape. Deaf people cannot hear whispers and muttering. They can’t hear people coming up behind them, and they have difficulty in reporting such activities. They struggle receiving medical care, because they can’t hear the doctors and nurses, therefore may not be as able to take part in their therapy, or in filling prescriptions, as can their Hearing counterparts. Conversely, they are less able to describe symptoms or to otherwise aid in their diagnoses.

The number of prisons and jails that offer onsite interpreters for these situations is relatively small – even in these days of the Americans with Disabilities Act. Furthermore, even if interpreters are available, the inmate must request one before the appointment.

Guards often see Deaf inmates as troublemakers. Nothing gets under a Corrections Officer’s skin, as much as a special request or need. When you’re in charge of 1000 or more individuals, the last thing you want to hear is inmate XYZ needs an interpreter.

We can address and eliminate these issues with a small amount of effort.

Every police cruiser in this country is equipped with onboard computers and WiFi. Police should learn how to use video relay via the Internet. Deaf suspects can be brought to the cruiser, where they would be able to offer a defense against arrest, and at the same time, be informed as to why they’re being arrested and what is expected of them.

Detectives need to conduct interrogations with interpreters present. If costs and availability were an issue, again, Internet interpreters and video relay would do the trick.

The responsibility for determining a defendant’s ability to aid in his own defense should no longer be the purview of judges and attorneys. The court should consult with an audiologist if there is any question as to a defendant’s competency.

Prisons and jails would need to make three significant changes. First, interpreters should be full-time on all shifts, and available. Inmates shouldn’t have to go through official channels to request an interpreter. Secondly, institutions need to house Deaf inmates in separate dorms, fully equipped to meet their needs. Finally, Deaf and bilingual (English/ASL) guards would be greatly beneficial.

Lastly, of course, if ASL were offered in all public schools, colleges and trade schools, individuals – law enforcement and otherwise – would be able to communicate with the Deaf, and would be able to reap the many advantages of learning Sign.

Image: Wikipedia

My gratitude and appreciation to Silent Grapevine for this opportunity.

Also, don’t forget that the #KeepASLinSchools video is done and can be seen here and here. Felix’s case is garnering much needed attention, thanks to the efforts of Sachs Media Group who is still maintaining their petition, here. Please take a minute to sign – even if you’ve already signed ours. It is critically important. And thank you all, for your continued support.

BitcoDavid is a blogger and a blog site consultant. In former lives, he was an audio engineer, a videographer, a teacher – even a cab driver. He is an avid health and fitness enthusiast and a Pro/Am boxer. He has spent years working with diet and exercise to combat obesity and obesity related illness.

The Struggle of the Deaf in Prison