NCJ Number
116115
Journal
Loyola of Los Angeles Law Review Volume: 22 Issue: 1 Dated: (November 1988) Pages: 1-72
Date Published
1988
Length
72 pages
Annotation
This discussion of deaf offenders argues that their sentences should not differ in length or severity from those received by hearing offenders and that conditions of confinement should be equalized for deaf and hearing offenders as much as is practicable, though the provision of reasonable accommodations for the deaf.
Abstract
The complex communication and cultural differences of most deaf persons means that their conditions of incarceration are unconscionably disproportionate and discriminatory. Although the inequities they suffer cannot be totally eliminated, their unjust treatment can be greatly alleviated. They should not expect to be housed in units with other deaf prisoners or guarded by guards who know sign language. However, they should expect to have equal access to the telephone via teletypewriter devices, access to a television set with a decoder, extended visiting hours where necessary, and the opportunity to take part in job training despite the inability to succeed on standardized tests. They should also receive the services of qualified interpreters during all formal prison proceedings and rehabilitative programs. Prisons that receive Federal assistance should interpret Section 504 of the Rehabilitation Act as requiring these accommodations. Other prisons should interpret the Eight and Fourteenth Amendments as recognizing the rights of handicapped persons. Case examples, appended discussion of a judicial decision, and 304 footnotes.