This brochure includes basic information on your responsibilities
to deaf or hearing impaired persons under these laws. There are
six areas covered in this brochure:
- Lip Reading
- Sign Language/Oral Interpreters
- Written Language
- Jury Duty
- Miranda Rights
- Telecommunication Devices for the Deaf (TDDs)
- Rehabilitation Services
In each area, the ADA includes special provisions for different situations. MADHS can provide more information on specific situations.
In general, the ADA expects attorneys, the courts, and government agencies to eliminate anything that discriminates against a deaf person. Naturally, the foremost source of discrimination against deaf people occurs as some form of communication. The ADA requires communication that is effective and aids that are appropriate in communicating with a deaf person. A deaf person must be able to communicate with lawyers, judges, court employees, and other government workers. In addition, the deaf person must choose the preferred kind of communication such as a sign language interpreter, written notes, lipreading, TDD's, or other assistive devices. The court must be prepared to honor the deaf person's request. Further, court costs may not be levied against the deaf person for expenses incurred in complying with ADA requirements.
A sign language interpreter who is certified by the National Registry of Interpreters for the Deaf (R.I.D.) is highly skilled and qualified to interpret in legal situations, and is familiar with legal terminology. A professional interpreter can understand and express not only the message, but also convey the emotion of the message. The interpreter is there to facilitate communication in all situations where important and effective communication is essential such as:
- During preliminary questioning after arrest
- At the reading of the rights to the accused
- Pretrial proceedings
- During hearings, trials, or meetings with the court
- At civil proceedings such as juvenile hearings, parole and
probation hearings, prison disciplinary proceedings, and passport
reviews
- At administrative proceedings such as matters of worker's
compensation, immigration, licensing, school placement,
employment disputes, welfare, or zoning hearings
When working with an interpreter, speak to the deaf person, not to the interpreter. Speak naturally and not too fast. Avoid using jargon or technical terms the deaf person may not understand.
Sign language, like spoken language, has its own grammar and syntax. Signing is not a literal word-for-word translation, but is an interpretation of ideas and concepts. The interpreter should be well versed in the various modes of signing. Using family members or staff with basic sign language vocabulary is inappropriate since they are not qualified to interpret in legal situations. They may mis-communicate important information which can lead to a misunderstanding of legal instruction.
--- Occasionally, the interpreter will review the documents with the attorney, then will interpret as the attorney summarizes important information to the deaf consumers. The attorney is the individual responsible for explaining the information to the client.
When using an interpreter in an attorney-client interview, the interpreter is bound by the same laws of confidentiality. The interpreter cannot reveal any information from the confidential interview.
TELECOMMUNICATION DEVICES FOR THE DEAF (TDDS):
A TDD should be available in the court for deaf litigants, witnesses, or jurors. Assistive listening devices may also be used.
REHABILITATION SERVICES
Deaf offenders are frequently excused from education classes such
as traffic safety, Alcoholics Anonymous, or other drug education
courses because of the need for an interpreter. The court system
should require the same level of rehabilitative services for deaf
offenders as would be required of a hearing offender. The courts
must notify the rehabilitative service provider to arrange for
accessibility.
JURY DUTY:
doccomm generated by an Aldus applicationIn the past, deaf and
hearing impaired persons have been excused from jury duty. The ADA
prohibits courts to dismiss prospective jurors because of any
disability including deafness. If the person is otherwise
qualified to serve as a juror, the court should either:
- Provide an oral or sign language interpreter for the duration
of the hearing or trial and jury deliberation, OR
- Provide TDDs and other assistive listening devices.
Assistive listening devices should be installed in all jury boxes, jury deliberation rooms, and witness stands, or portable devices should be available. doccomm generated by an Aldus applicationIn the past, deaf and hearing impaired persons have been excused from jury duty. The ADA prohibits courts to dismiss prospective jurors because of any disability including deafness. If the person is otherwise qualified to serve as a juror, the court should either:
- Provide an oral or sign language interpreter for the duration of the hearing or trial and jury deliberation, OR - Provide TDDs and other assistive listening devices.
Assistive listening devices should be installed in all jury boxes, jury deliberation rooms, and witness stands, or portable devices should be available.Miranda Rights;
doccomm generated by an Aldus applicationThe rights of the accused under Miranda v. Arizona naturally apply to the deaf person also, but the language used when "effectively informing" the accused of his or her rights is inappropriate for most deaf people. Allowing the deaf person to read their rights may not help; depending on their reading level. According to the law, deaf people are entitled to a careful explanation of their rights by a R.I.D. qualified interpreter.
For the protection of the court, the police, and the deaf person, the most critical time for an interpreter to be used is when rights are read to the deaf person. Police stations should also install TDDs to receive calls from deaf and hearing impaired citizens. doccomm generated by an Aldus applicationThe Americans with Disabilities Act (ADA) is a law that prohibits discrimination against people with disabilities, including deaf and hearing impaired people. There are four sections in the law: employment, government, public accommodations, and telecommunications. Each section of the ADA lists services that should be provided for deaf individuals. The ADA enhances the Rehabilitation Act of 1973. Attorneys, courts, and government agencies are covered under Titles II and III of the ADA.
This brochure includes basic information on your responsibilities
to deaf or hearing impaired persons under these laws. There are
six areas covered in this brochure:
- Lip Reading
- Sign Language/Oral Interpreters
- Written Language
- Jury Duty
- Miranda Rights
- Telecommunication Devices for the Deaf (TDDs)
- Rehabilitation Services
In each area, the ADA includes special provisions for different situations. MADHS can provide more information on specific situations.
In general, the ADA expects attorneys, the courts, and government agencies to eliminate anything that discriminates against a deaf person. Naturally, the foremost source of discrimination against deaf people occurs as some form of communication. The ADA requires communication that is effective and aids that are appropriate in communicating with a deaf person. A deaf person must be able to communicate with lawyers, judges, court employees, and other government workers. In addition, the deaf person must choose the preferred kind of communication such as a sign language interpreter, written notes, lipreading, TDD's, or other assistive devices. The court must be prepared to honor the deaf person's request. Further, court costs may not be levied against the deaf person for expenses incurred in complying with ADA requirements.
A sign language interpreter who is certified by the National Registry of Interpreters for the Deaf (R.I.D.) is highly skilled and qualified to interpret in legal situations, and is familiar with legal terminology. A professional interpreter can understand and express not only the message, but also convey the emotion of the message. The interpreter is there to facilitate communication in all situations where important and effective communication is essential such as:
- During preliminary questioning after arrest
- At the reading of the rights to the accused
- Pretrial proceedings
- During hearings, trials, or meetings with the court
- At civil proceedings such as juvenile hearings, parole and
probation hearings, prison disciplinary proceedings, and passport
reviews
- At administrative proceedings such as matters of worker's
compensation, immigration, licensing, school placement,
employment disputes, welfare, or zoning hearings
When working with an interpreter, speak to the deaf person, not to the interpreter. Speak naturally and not too fast. Avoid using jargon or technical terms the deaf person may not understand.
Sign language, like spoken language, has its own grammar and syntax. Signing is not a literal word-for-word translation, but is an interpretation of ideas and concepts. The interpreter should be well versed in the various modes of signing. Using family members or staff with basic sign language vocabulary is inappropriate since they are not qualified to interpret in legal situations. They may mis-communicate important information which can lead to a misunderstanding of legal instruction.
---
LIP READING;
A common misconception about deaf people is that all deaf people
read lips. Very few people are able to read lips well enough to
follow the conversationin all situations. Lipreading often
supplements other types of communication, but should not be relied
upon exclusively.
Sign Language Interpreter
A sign language interpreter who is certified by the National
Registry of Interpreters for the Deaf (R.I.D.) is highly skilled
and qualified to interpret in legal situations, and is familiar
with legal terminology. A professional interpreter can understand
and express not only the message, but also convey the emotion of
the message. The interpreter is there to facilitate communication
in all situations where important and effective communication is
essential such as:
- During preliminary questioning after arrest
- At the reading of the rights to the accused
- Pretrial proceedings
- During hearings, trials, or meetings with the court
- At civil proceedings such as juvenile hearings, parole and
probation hearings, prison disciplinary proceedings, and passport
reviews
- At administrative proceedings such as matters of worker's
compensation, immigration, licensing, school placement,
employment disputes, welfare, or zoning hearings
When working with an interpreter, speak to the deaf person, not to the interpreter. Speak naturally and not too fast. Avoid using jargon or technical terms the deaf person may not understand.
Sign language, like spoken language, has its own grammar and syntax. Signing is not a literal word-for-word translation, but is an interpretation of ideas and concepts. The interpreter should be well versed in the various modes of signing. Using family members or staff with basic sign language vocabulary is inappropriate since they are not qualified to interpret in legal situations. They may mis-communicate important information which can lead to a misunderstanding of legal instruction.
Occasionally, the interpreter will review the documents with the attorney, then will interpret as the attorney summarizes important information to the deaf consumers. The attorney is the individual responsible for explaining the information to the client.
When using an interpreter in an attorney-client interview, the interpreter is bound by the same laws of confidentiality. The interpreter cannot reveal any information from the confidential interview.
Written Language ;
Written notes can be an effective means of communication if
written in clear and simple language. However, writing notes is
frequently time consuming and cumbersome. Because of this, it is
always advisable to use an interpreter to communicate with the
hearing impaired.
Whenever possible, use illustrations, drawings, or three- dimensional models to explain information to a deaf person.
---
FACTS...
SIGN LANGUAGE /ORAL INTERPRETERS
One in every 100 Americans is deaf. One in every 16 is hearing
impaired. Michigan has the seventh largest hearing impaired
population in the United States. Accommodating and including deaf
people benefits not only the deaf person, but you and your
business as well.
Michigan Association for Deaf, Hearing, and Speech Services 724 Abbott Road East Lansing, Michigan 48823 (517) 377-1646 V -(800) YOUR EAR V/TDD (517) 337-1649 TDD-FAX (517) 337-4060 (c) 1992 All Rights Reserved
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