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The Secret World of Deaf Prisoners

Last Updated on Sunday, 13 December 2009 16:48 Written by The Crime Report, Commentary, James Ridgeway Wednesday, 14 October 2009 22:22

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Editor's Note: The deaf face a nightmare when they fall into the criminal justice system, writes investigative journalist James Ridgeway. The following is a special report written for The Crime Report, a publication of the Center on Media, Crime, and Justice at John Jay College for Criminal Justice, City University of New York. It originally appeared in Ridgeway's blog.

In the 1970s, an antiwar demonstrator found himself at New York City’s Rikers Island jail facility for a couple of months on a disorderly conduct charge. The demonstrator, who happened to be a friend of mine, met a handful of young men from the Bronx in his unit who were deaf.

They were having trouble communicating with anyone but themselves. My friend knew a little sign language and, after a few conversations, discovered they were illiterate. With the idea of helping them improve their communication skills, he asked prison authorities for permission to order books on sign language from the publisher. The wardens refused, saying that they did not want anyone in that prison using a “language” they could not understand.

Things may have changed a little for the better since then. But not by much.

I first wrote about the deaf in the late 1960's in the New Republic and so I know something of the background which is what really informs this article. While researching stories about solitary confinement at Angola Prison for Mother Jones, I came upon an article in Prison Legal News about widespread violations against deaf prisoners. Remembering the people and culture I had caught a glimpse of in the '60s, I got in touch with the article’s author, McCay Vernon. Luckily he remember my earlier writing, and promptly agreed to help me.

The letters quoted below are from deaf prisoners to different people in the “free world,” who are seeking to help them, to advocate their cause. I have disguised the advocates, prisoners and prisons to keep the inmates from getting reprisals—reprisals which they fear on a daily basis. You have to remember a deaf person can’t hear the chatter among other inmates, can’t hear the person sneaking up behind, is unintelligible in his cries for help during a rape.

The deaf face a nightmare when they fall into the criminal justice system. They live in a world apart to begin with; but in prison they are thrown into a dread new environment where they literally can’t understand the language of either their jailers or the other prisoners. When people who have never heard a spoken word try to speak, the sounds come out jumbled and weird—leading ill-informed jailers to think they are obstreperous or crazy. As a consequence, some deaf prisoners can end up in solitary.

I discovered numerous examples of abuses and violations of the rights of deaf prisoners as part of an ongoing investigative reporting project. But the most troubling discovery I made was how little has been done about the problem in the criminal justice system—and how little is known about it outside prison walls.

No one knows exactly how many deaf prisoners there are in the U.S. Efforts by psychologists and other experts to find out have been largely unsuccessful. With few exceptions—the state of Texas apparently being one—no one counts the deaf or hard of hearing in the prison population.

But according to two researchers, as many as one-third of the entire U.S. prison population of 1.7 million have difficulty hearing—with some of them being profoundly deaf. The researchers, Prof. Katrina Miller of Emporia State University in Kansas, herself a former corrections officer, and McCay Vernon, a psychologist whose late wife was deaf and who has worked within the prison community for years, believe it is long past time to seek help for this ignored segment of prisoners. Almost two-thirds of deaf prisoners, according to some studies, are in jail for violent and often sexual offenses committed against children. (The deaf are themselves at increased risk for abuse as children, the researchers point out.)

A person is hard of hearing if he/she has a 50 percent loss of hearing in one ear. Prisoners who are illiterate as well as deaf are especially deprived when they find themselves in the criminal justice system. They seldom have been educated beyond second grade and, as a consequence, have trouble reading and writing. Because they are deaf and without competent interpreters, they can’t go to AA meetings or drug counseling or make it through educational programs.

The abuses begin as soon as a deaf prisoner enters the criminal justice system and faces accusers in court. Often the hard of hearing and deaf can’t hear the charges against them, don’t know what the trial is all about, don’t know why the guards are screaming at them, can’t hear bells or commands from others. If they are close enough to the judge and look hard at him, they can read his lips. But, as McCay Vernon points out, only 50 percent of spoken sounds can be translated into sign language.

On occasion, deaf persons will be given a court interpreter who knows sign language. But this can be a doubly frustrating experience: sign language can’t convey the special, often arcane lingo used by defense lawyers, prosecutors and judges. Most deaf people don’t read lips. The idea they can hear normally, or at least hear enough to act as if they can hear normally, is a myth of the hearing world, Vernon points out.

Sign language is enriched by mime, hand-spelling, and cued speech (which is a combination of signs and lip movement). In prisons and jails around the country, there are few interpreters who are trained well enough in this form of communication. Often other deaf or hard-of-hearing prisoners are recruited to help, but just as often deaf prisoners are left with few resources when they are confronted with pitfalls and crises that are tragically common in today’s prison system.

One deaf prisoner wrote, for example, that when he sought help after a prison rape, the guards laughed at him. A hard-of-hearing inmate who requested a pair of headphones to listen to the radio was turned down by the warden, who said he had not filled out the papers correctly. A request for a vibrating alarm clock got a similar rejection.

When deaf inmates want to make a phone call using TTD—a method of typing out messages—the prison insists two guards must be in the room. To make matters worse, the deaf are restricted to the same amount of phone time as hearing prisoners, though it takes twice the time to type out the messages.

Such anecdotes illustrate that deaf prisoners are faced daily with violations of the Americans with Disabilities Act, which mandates equal treatment for deaf and other disabled persons. There is even a provision under the Act to pay attorneys additional sums to bring cases to correct inequities suffered by deaf inmates—a provision which, like other parts of the act, is honored mostly in the breach.

A twitter for these people isn’t just a vehicle for social networking, but a lifesaving device to communicate with the hearing world.

Complicating this situation, is the fact that the deaf community in general rarely goes to bat for peers who are in prison. As the mother of one deaf son, told me, “it makes them look bad.” Thus deaf prisoners are subject to a double isolation—from the prison community and from the larger community of their peers.

In a letter to a friend, one deaf prisoner wrote the following:

I have been lowered to nothing more than a beggar in order to stand up for something. I believe the deaf have a right too. But I tell you this…there is no help for us here…I am almost at the end of my rope and believe that before I submit this body to any form of sexual act in order to get legal work done, I will take my own life. There is no help for us here…Many nights I have stayed awake contemplating the end and only my fear in the Lord Jesus in not accepting me in heaven has kept me from that act.

Many many times deaf people raped and beat and no help from the officers. Hearing people steal our things…when we try to talk to officers, they just laugh. So hard for us. Many, many times I just want to die but have Jesus in [my] heart…Now one day at a time. Pray every day to help other deaf.

This letter is signed with the drawing of a small, round smiling face and the words, “Deaf and proud.”

$75,000 Settlement For Deaf Man Denied Sign Language Interpreter

Last Updated on Sunday, 13 December 2009 17:01 Written by Daryl Crouse Sunday, 11 October 2009 05:56

Communicating with People Who Are Deaf or Hard of Hearing in Hospital Settings

Last Updated on Sunday, 13 December 2009 17:03 Written by Department of Justice Wednesday, 07 October 2009 16:32

People who are deaf or hard of hearing use a variety of ways to communicate. Some rely on sign language interpreters or assistive listening devices; some rely primarily on written messages. Many can speak even though they cannot hear. The method of communication and the services or aids the hospital must provide will vary depending upon the abilities of the person who is deaf or hard of hearing and on the complexity and nature of the communications that are required. Effective communication is particularly critical in health care settings where miscommunication may lead to misdiagnosis and improper or delayed medical treatment.

Under the Americans with Disabilities Act (ADA), hospitals must provide effective means of communication for patients, family members, and hospital visitors who are deaf or hard of hearing.

The ADA applies to all hospital programs and services, such as emergency room care, inpatient and outpatient services, surgery, clinics, educational classes, and cafeteria and gift shop services. Wherever patients, their family members, companions, or members of the public are interacting with hospital staff, the hospital is obligated to provide effective communication.

Exchanging written notes or pointing to items for purchase will likely be effective communication for brief and relatively simple face-to-face conversations, such as a visitor’s inquiry about a patient’s room number or a purchase in the gift shop or cafeteria.

Written forms or information sheets may provide effective communication in situations where there is little call for interactive communication, such as providing billing and insurance information or filling out admission forms and medical history inquiries.

For more complicated and interactive communications, such as a patient’s discussion of symptoms with medical personnel, a physician’s presentation of diagnosis and treatment options to patients or family members, or a group therapy session, it may be necessary to provide a qualified sign language interpreter or other interpreter.

Sign Language Interpreters
Sign language is used by many people who are deaf or hard of hearing. It is a visually interactive language that uses a combination of hand motions, body gestures, and facial expressions. There are several different types of sign language, including American Sign Language (ASL) and Signed English.

Oral Interpreters
Not all people who are deaf or hard of hearing are trained in sign language. Some individuals with hearing disabilities are trained in speech reading (lip reading) and can understand spoken words fairly well with assistance from an oral interpreter. Oral interpreters are specially trained to articulate speech silently and clearly, sometimes rephrasing words or phrases to give higher visibility on the lips. Natural body language and gestures are also used.

Cued Speech Transliterators
A cued speech transliterator functions in the same manner as an oral interpreter except that he or she also uses a hand code, or cue, to represent each speech sound.

Computer Assisted Real-time Transcription (CART)
Many people who are deaf or hard of hearing are not trained in either sign language or speech reading. CART is a service in which an operator types what is said into a computer that displays the typed words on a screen.

• discussing a patient’s symptoms and medical condition, medications, and medical history
• explaining and describing medical conditions, tests, treatment options, medications, surgery and other procedures
• providing a diagnosis, prognosis, and recommendation for treatment
• obtaining informed consent for treatment
• communicating with a patient during treatment, testing procedures, and during physician’s rounds
• providing instructions for medications, post-treatment activities, and follow-up treatments
• providing mental health services, including group or individual therapy, or counseling for patients and family members
• providing information about blood or organ donations
• explaining living wills and powers of attorney
• discussing complex billing or insurance matters
• making educational presentations, such as birthing and new parent classes, nutrition and weight management counseling, and CPR and first aid training

Hospitals may need to provide an interpreter or other assistive service in a variety of situations where it is a family member or companion rather than the patient who is deaf or hard of hearing. For example, an interpreter may be necessary to communicate where the guardian of a minor patient is deaf, to discuss prognosis and treatment options with a patient’s spouse or partner who is hard of hearing, or to allow meaningful participation in a birthing class for a prospective new father who is deaf.

Individuals with hearing disabilities have different communication skills and the hospital should consult with each individual to determine what aids or services are necessary to provide effective communication in particular situations.

Sign language or other interpreters must be qualified. An interpreter is qualified if he or she can interpret competently, accurately, and impartially. In the hospital setting, the interpreter must be familiar with any specialized vocabulary used and must be able to interpret medical terms and concepts. Hospital personnel who have a limited familiarity with sign language should interpret only in emergency situations for a brief time until a qualified interpreter can be present.

It is inappropriate to ask family members or other companions to interpret for a person who is deaf or hard of hearing. Family members may be unable to interpret accurately in the emotional situation that often exists in a medical emergency. A doctor uses a sign language interpreter to communicate with a patient who is deaf.

Hospitals should have arrangements in place to ensure that qualified interpreters are readily available on a scheduled basis and on an unscheduled basis with minimal delay, including on-call arrangements for after-hours emergencies. Larger facilities may choose to have interpreters on staff. For training or other educational services offered to patients or members of the public, additional aids and services such as note takers, captioned videos, and assistive listening systems may be necessary for effective communication. Hospitals should develop protocols and provide training to ensure that staff know how to obtain interpreter services and other communication aids and services when needed by persons who are deaf or hard of hearing.

It is helpful to have signs and other types of notices to advise persons with disabilities that services and assistance are available and what they need to do to obtain them. It is most useful to post signs at locations where patients or visitors typically seek information or assistance and to include information in general information packets.

Hospitals cannot charge patients or other persons with hearing disabilities an extra fee for interpreter services or other communication aids and services.

For telephone communications, many people who are deaf or hard of hearing use a teletypewriter (TTY, also known as a TDD) rather than a standard telephone. These devices have a keyboard and a visual display for exchanging written messages over the telephone.

The ADA established a free nationwide relay network to handle voice-to-TTY and TTY-to-voice calls. Individuals may use this network to call the hospital from a TTY. The relay consists of an operator with a TTY who receives the call from a TTY user and then places the call to the hospital. The caller types the message into the TTY and the operator relays the message by voice to the hospital staff person, listens to the staff person’s response, and types the response back to the caller. The hospital must be prepared to make and receive relay system calls, which may take a little longer than voice calls. For outgoing calls to a TTY user, simply dial 7-1-1 to reach a relay operator.

If telephones and televisions are provided in patient rooms, the hospital must provide patients who are deaf or hard of hearing comparable accessible equipment upon request, including TTY’s, telephones that are hearing-aid compatible and have volume control, and televisions with closed captioning or decoders.

Visual alarms are not required in patient rooms. However, hospital evacuation procedures should include specific measures to ensure the safety of patients and visitors who are deaf or hard of hearing.

A hospital need not provide communication aids or services if doing so would fundamentally alter the nature of the goods or services offered or would result in an undue burden.

Certain built-in communication features are required for hospitals built or altered after the effective date of the ADA:

• Visual alarms must be provided in all public and common-use areas, including restrooms, where audible alarms are provided.
• TTY’s must be provided at public pay phones serving emergency, recovery, or waiting rooms and at least one TTY must be provided at other locations where there are four or more pay phones.
• A certain percentage of public phones must have other features, such as TTY plug-in capability, volume controls, and hearing-aid compatibility. Consult the ADA Standards for Accessible Design for more specific information.

Panel finds city biased against deaf man

Last Updated on Sunday, 13 December 2009 17:01 Written by Betty Adams Tuesday, 22 September 2009 00:00

Originally posted at Kennebec Journal

AUGUSTA -- City police discriminated against a deaf Augusta man when officers failed to fulfill his request for an interpreter.

That was the conclusion of the Maine Human Rights Commission, which voted 3-0 Monday to find reasonable grounds to believe that Wayne Draper was a victim of unlawful discrimination in access to public accommodation.

Draper had filed a complaint with the commission charging that the city and the police discriminated against him when it failed to accommodate his requests for an interpreter on two separate occasions.

Commission findings are not law but may become grounds for lawsuits.

Draper was represented by attorney Sean Ociepka of the Disability Rights Center of Maine, who said refusal to call an interpreter denied Draper his right to effective communication. Ociepka said the case now will go through a conciliation phase, in which the parties will attempt to settle their dispute. "If not, then Wayne has the opportunity to file in court," Ociepka said.

The commission heard oral arguments in the case Monday.

Ociepka told commissioners Draper was denied his request for an interpreter twice."He was questioned by police and then interviewed as a purported victim of a crime," he said.

The city's attorney, Stephen Langsdorf, argued against the finding.

"Our stand is that the Police Department did not discriminate in any way and treated Mr. Draper fairly," Langsdorf said.

According to documents in the case, Draper and a companion spotted a vacant hunter's tree stand at Riverside Drive and Route 3 on Nov. 10, 2007. After failing to find identification tags on it, they put the stand in the back of a pickup.

The tree stand owner returned as they were driving off, and he called police.

Draper said he tried to show the investigating officer a card indicating he wanted a sign language interpreter called.

He said the officer refused and wrote a note saying Draper was to speak to a different officer.

Langsdorf said Draper presented the card once and didn't present it again. Langsdorf said officers communicated with Draper in writing.

"How many times does someone have to show a white card?" Commissioner Kenneth Fredette asked Langsdorf.

Michele Dion, a commission investigator, said Draper told her the officer was rude and motioned him away.

"He said he felt very frustrated and felt his card was being ripped up in front of him," Dion said at the hearing. "He felt Augusta police were trying to sweep deaf people away."

Draper was not charged in the incident.

Several weeks later, Draper encountered the tree stand owner in a supermarket and said the man made a threatening gesture against him. He again requested an interpreter, and Langsdorf said one was provided that same day.

"As a a result, they warned the individual who owned the tree stand," Langsdorf said. "There was no lack of effective communication, no discrimination, no denial of any services or benefits."