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Research ArticleRegular Article

Working with Persons Involved in the Legal System Who Are Deaf

Lisa A. Kuntz, Julie Pratt and Mark Cotterell
Journal of the American Academy of Psychiatry and the Law Online February 2023, JAAPL.220079-22; DOI: https://doi.org/10.29158/JAAPL.220079-22
Lisa A. Kuntz
Dr. Kuntz is an Assistant Professor, University of Saint Joseph, West Hartford, CT. Ms. Pratt is a Social Worker, Whiting Forensic Hospital, Middletown, CT. Dr. Cotterell is a Psychiatrist, Dartmouth-Hitchcock Medical Center, Lebanon, NH.
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Julie Pratt
Dr. Kuntz is an Assistant Professor, University of Saint Joseph, West Hartford, CT. Ms. Pratt is a Social Worker, Whiting Forensic Hospital, Middletown, CT. Dr. Cotterell is a Psychiatrist, Dartmouth-Hitchcock Medical Center, Lebanon, NH.
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Mark Cotterell
Dr. Kuntz is an Assistant Professor, University of Saint Joseph, West Hartford, CT. Ms. Pratt is a Social Worker, Whiting Forensic Hospital, Middletown, CT. Dr. Cotterell is a Psychiatrist, Dartmouth-Hitchcock Medical Center, Lebanon, NH.
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Article Figures & Data

Tables

    • View popup
    Table 1

    Signs with the Same Meaning

    English WordsSigned the Same As
    AppealComplain
    AccuseBlame
    ComplainBlame
    CourtTrial
    • View popup
    Table 2

    Words Needing Fingerspelling

    Burglary
    Constitution
    Crime
    Felony
    Misdemeanor
    Rights
    • View popup
    Table 3

    Rights Forfeited for Plea Agreements (as Interpreted in American Sign Language)

    English WordsSigned As
    Forfeit right to trialGive up trial
    Forfeit right to appealNo more, or finish court
    Forfeit right to call witnessesNo more, or give up witnesses
    Forfeit right to testify on own behalfGive up testify, or no talk self
    Right against self-incriminationGive up, or say guilty I did it
    • View popup
    Table 4

    Recommendations for Working with Persons Who Are Deaf

    Allow at least double the time for all court-related activities
    Whenever possible, work with professionals familiar with deafness and Deaf Culture
    Use only appropriately certified interpreters. Do not use family members
    Do not use writing to convey or solicit information
    To measure intelligence, rely on nonverbal tests for the best estimate of overall skill
    Use verbal testing to help the court understand how the deaf person may understand court proceedings or communication
    Do not use written personality tests to diagnose mental illness. Use a Clinical Interview and Mental Status Exam and blunt, direct language
    Test basic academic skills and report as grade levels or age equivalencies to assist the court in understanding what the deaf person is likely to understand
    Provide concrete or literal information and questions. Avoid abstract or inferential information
    Ask the deaf person to repeat what was said
    Review information frequently with the deaf person to ensure understanding
    Review phone conversations with the deaf person during the next in-person meeting
    Use the same interpreters whenever possible
    Ask about the etiology of the person’s hearing loss to understand language, social, and cognitive limitations
    Remember that American Sign Language (ASL) is not English. The syntax and grammar are not the same and there is no written form of ASL
    Move proceedings to smaller courtrooms for better acoustics
    Use a sign with the person’s name to call the deaf person to court
    Remove the deaf person’s handcuffs to facilitate use of sign language and gestures
    Take breaks during court proceedings to allow the deaf defendant to ask questions and get clarification about what has happened in court
    Use actual pictures to educate deaf defendants about the participants’ roles in the courtroom
    Provide deaf defendants access to a videophone or similar device
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Journal of the American Academy of Psychiatry and the Law Online: 53 (2)
Journal of the American Academy of Psychiatry and the Law Online
Vol. 53, Issue 2
1 Jun 2025
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Working with Persons Involved in the Legal System Who Are Deaf
Lisa A. Kuntz, Julie Pratt, Mark Cotterell
Journal of the American Academy of Psychiatry and the Law Online Feb 2023, JAAPL.220079-22; DOI: 10.29158/JAAPL.220079-22

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Working with Persons Involved in the Legal System Who Are Deaf
Lisa A. Kuntz, Julie Pratt, Mark Cotterell
Journal of the American Academy of Psychiatry and the Law Online Feb 2023, JAAPL.220079-22; DOI: 10.29158/JAAPL.220079-22
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Keywords

  • deafness
  • restoration
  • competence
  • best practice

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