Deaf People In Law Enforcement: Overcoming Challenges

The inclusion of deaf people in law enforcement has been a topic of discussion and advocacy for many years. While deaf people have the right to be treated equally and accommodated in various situations, including when interacting with the police, there are still challenges and considerations to be addressed. For example, the use of handcuffs on deaf individuals can hinder their ability to communicate through sign language or writing. Additionally, ensuring effective communication during urgent or violent situations can be difficult. This introduction will explore the rights, challenges, and accommodations for deaf people in law enforcement, including the perspectives of both deaf individuals and law enforcement agencies.

Deaf people's rights when interacting with law enforcement

In the United States, the Americans with Disabilities Act (ADA) of 1990 prohibits state and local government from discriminating against individuals with disabilities. This includes deaf people, who are entitled to the same services that law enforcement provides to anyone else.

Communication

State and local police and law enforcement agencies are required to ensure effective communication with deaf individuals. This may include providing qualified interpreters, CART (Communication Access Realtime Translation), or assistive listening devices. The agency must give primary consideration to the accommodation requested by the deaf individual. However, they are not required to provide accommodations that would fundamentally alter the service or result in an undue financial burden. In such cases, the agency must take alternative action to ensure effective communication.

Handcuffing

Putting a deaf person in handcuffs is akin to gagging a hearing person. Handcuffing behind the back can prevent signing and writing communication. The recommended practice is to handcuff deaf individuals in front, if safety permits, to enable them to communicate using sign language or writing.

Interpretation

While exchanging notes and pointing to information can be effective in some situations, an interpreter may be necessary, especially during an arrest. It is inappropriate to use a family member or friend as an interpreter unless it is urgent and the deaf individual requests and agrees to this arrangement. In urgent situations, an officer's priority is to stabilize the situation, and they can call for an interpreter to be available later at the booking station.

Lip Reading

Some deaf individuals may rely on lip reading. In such cases, officers should ensure one-on-one communication, facing the individual directly in a well-lit area.

Awareness

It is important for law enforcement officers to be aware that deaf people exist and that deafness is not always visible. If someone does not respond to questions or commands, it should not be assumed that they are ignoring, under the influence, or experiencing a mental health issue.

Law enforcement's obligations to deaf people

In the United States, law enforcement agencies are required to ensure effective communication with deaf and hard-of-hearing individuals. This includes providing necessary accommodations such as qualified interpreters, CART (Communication Access Realtime Translation), or assistive listening devices. The Americans with Disabilities Act (ADA) establishes that the disabled have civil rights, and law enforcement agencies must provide equal services to all, regardless of disability.

Legal Obligations

The Americans with Disabilities Act (ADA) and the Rehabilitation Act impose specific legal obligations on law enforcement agencies to communicate effectively with deaf and hard-of-hearing individuals. Agencies must ensure a consistently high level of service to all community members, including those with hearing impairments.

Communication Aids and Services

Law enforcement agencies must provide communication aids and services to facilitate effective communication. This includes qualified oral or sign language interpreters, CART, or assistive listening devices. Officers should also be aware that some deaf individuals may not use sign language and may rely on lip reading. In such cases, officers should ensure one-on-one communication in a well-lit area.

Handcuffing Policies

It is important for officers to be mindful of the impact of handcuffing on deaf individuals. Handcuffing behind the back can prevent signing and pen-and-paper communication. The recommended practice is to handcuff deaf individuals in front, when safety permits, to enable them to communicate using sign language or writing.

Choice of Auxiliary Aid

Officers should ask deaf or hard-of-hearing individuals about their preferred auxiliary aid or service and defer to their choices unless there is an equally effective alternative method of communication or if the requested accommodation would fundamentally alter the nature of the law enforcement activity or cause an undue burden.

Interpreter Qualifications

When providing sign language interpreters, it is important to ensure they are qualified and able to interpret impartially. Family members or friends of the deaf individual may not be suitable due to emotional involvement or confidentiality issues. Additionally, a certified interpreter may not be qualified if they are unfamiliar with the specific type of sign language or law enforcement vocabulary required.

Education and Training

To effectively serve deaf and hard-of-hearing individuals, law enforcement agencies should ensure that their officers are properly educated and trained. Officers should review resources such as the "Communicating with People Who Are Deaf or Hard of Hearing: ADA Guide for Law Enforcement Officers" to gain a working knowledge of how to interact and communicate effectively in various situations.

Communication methods and tools

Effective communication between law enforcement and deaf or hard-of-hearing individuals is essential. State and local police and law enforcement agencies are required to ensure effective communication with deaf individuals and must provide necessary accommodations such as qualified interpreters, CART (Communication Access Realtime Translation), or assistive listening devices. Agencies should give primary consideration to the accommodation requested by the deaf individual. However, they are not required to provide accommodations that fundamentally alter their services or cause undue financial burden.

In the United States, the Americans with Disabilities Act (ADA) establishes that disabled rights are civil rights, mandating equal treatment and accommodations for people with disabilities, including deaf individuals. Under the ADA, deaf people are entitled to the same law enforcement services as anyone else and cannot be excluded, segregated, or denied services. Law enforcement agencies must make efforts to ensure effective communication with deaf individuals, providing necessary communication aids and services.

• Sign language interpreters: Qualified interpreters are often necessary, especially when complex or lengthy communication is involved. Law enforcement agencies are responsible for securing qualified interpreters who can interpret effectively, accurately, and impartially.
• Notepads and written materials: In some cases, exchanging notes or using printed forms can be sufficient for effective communication.
• Lip reading: Officers should ensure one-on-one communication with a deaf individual who lip reads is in a well-lit area, facing the individual directly.
• Assistive listening devices: These devices can be provided as an accommodation to enhance hearing ability and facilitate communication.
• CART: Communication Access Realtime Translation is a service that provides real-time transcription of spoken words, displaying them as text on a screen or device.

It is important to note that handcuffing a deaf person behind their back can hinder communication by preventing signing or writing. Best practices suggest handcuffing deaf individuals in front, when safety permits, to enable them to communicate using sign language or writing. Additionally, law enforcement should be cautious about accepting interpretation help from bystanders or family members, as it can lead to liability issues and inaccurate interpretation.

The impact of handcuffing deaf people

Deaf people are entitled to the same services that law enforcement provides to anyone else. They cannot be excluded or segregated from services, denied services, or treated differently. Law enforcement agencies must make efforts to ensure that their personnel can communicate effectively with deaf people.

However, the use of handcuffs on deaf people can significantly impact their ability to communicate. Handcuffing a deaf person behind their back can be particularly problematic as it prevents them from using sign language to communicate. This can be likened to gagging a hearing person.

To address this issue, the Justice Department recommends modifying handcuffing policies to handcuff deaf individuals in front, if safety permits, to enable them to communicate using sign language or writing. This practice ensures that deaf people can still exercise their right to speech and request an interpreter or lawyer if needed.

It is important for law enforcement officers to be aware of these guidelines and to prioritize effective communication with deaf individuals. By handcuffing a deaf person in front, officers can help ensure that the person's rights are protected and that they have access to the same services as everyone else.

In addition to handcuffing practices, there are other considerations for law enforcement when interacting with deaf individuals. For example, officers should avoid relying on family members or bystanders for interpretation, as this can lead to liability issues and inaccurate interpretations. Instead, they should utilize certified interpreters who have experience in law enforcement settings and knowledge of relevant terminology.

The use of interpreters

The Americans with Disabilities Act (ADA) establishes that disabled rights are civil rights, and sets out requirements for how people with disabilities should be treated and accommodated. Under the ADA, people who are deaf or hard of hearing are entitled to the same services that law enforcement provides to anyone else. They may not be excluded or segregated from services, denied services, or treated differently. Law enforcement agencies must make efforts to ensure that their personnel can communicate effectively with people whose disability affects their hearing.

The ADA Guide for Law Enforcement Officers provides guidance on how to communicate with deaf or hard-of-hearing individuals. In some cases, a notepad and written materials may be sufficient for effective communication. However, in other cases, a qualified interpreter may be necessary, especially when information is complex or exchanged for a lengthy period. Factors to consider when determining whether an interpreter is required include the context of the communication, the number of people involved, and the importance of the communication.

When an interpreter is needed, agencies must provide interpreters who can interpret effectively, accurately, and impartially. The interpreter should be qualified to interpret in that specific situation and have knowledge of the relevant sign language or other modes of communication. The deaf or hard-of-hearing individual should be consulted on the choice of auxiliary aid or service to ensure effective communication.

In the case of an arrest, if a qualified interpreter is not immediately available, the arresting officer's Miranda warning should be communicated to the arrestee on a printed form. The form should advise the arrestee that the agency has an obligation to offer an interpreter without cost and that interrogation will be deferred until an interpreter is present.

Frequently asked questions