Protection of the Rights of a Deaf Defendant in the Criminal Justice System

Protection of the Rights of a Deaf Defendant in the Criminal Justice System
Student Name
Program Name or Degree Name (e.g., Master of Science in Nursing), Walden University
COURSE XXX: Title of Course
Instructor Name
Month XX, 202X
Protection of the Rights of a Deaf Defendant in the Criminal Justice System
Among the fundamental rights under the American Constitution is the right of full and equal access to the court. The right can only be practically feasible if each participant in a court proceeding effectively understands and responds to what is said during the trial. Essentially participants in the proceeding are assured of an effective form of communication that ensures everyone participates effectively. However, individuals who are deaf continue to face communication barriers that result in the violation of their right to full and equal access to the courts. Miller and Vernon (2001) highlighted this issue by stating that ensuring the due process of deaf defendants is both a historical and current problem in legal proceedings. They found that inadequate communication impairs a deaf defendant's interaction through every step in the criminal justice system: from arrests to trial and sentencing. In 2004, in Tennessee v. Lane, the Supreme Court determined that unequal treatment of disabled persons has a long history in legal proceedings despite several legislations that assure these rights (Pravda, 2011). Given the current trend and existing legislation, the present paper seeks to articulate how deaf defendants can be assured of their rights at trial.
Defendant’s Rights
Under the Bill of Rights, Americans are guaranteed political and civil rights, including freedom of religion, speech, and association, besides the right to a fair trial. Under this bill, it is a constitutional offense to deny an individual any rights based on their physical or mental deformities. Under the 6th Amendment, defendants are entitled to the rights to a lawyer, an impartial jury, the opportunity to know the accuser, trial without unnecessary delay. In terms of due process and speedy trials, the 5th Amendment guarantees trials within a short time, limiting a defendant's period before trial. Defendants should also have access to counsel even if they cannot afford to pay for attorney services. Defendants should also be guaranteed the right to an impartial jury and an impartial judge.
Speedy Trial
Speedy trial refers to a criminal trial held following a minimal delay and is considered a constitutional right of every citizen. It prevents individuals from being held by the justice system without charges. In recent years, however, defendants may opt to waive this right to get ample time to prepare the defense in court proceedings. Regardless, communication barriers present the most complex challenge that may delay trials involving deaf defendants. The police and the criminal courts often ignore the fundamental communication requirements of deaf individuals, and there are few efforts to ensure that deaf defendants understand the justice proceedings. The first way of assuring a speedy trial is the immediate presence of a certified or qualified sign language interpreter to provide services to the deaf defendant in proceed...