Justice is Blind, But is it Also Deaf?

By James W. Cushing
Special to the Legal

Justice is supposed to be blind, but can it also serve the deaf? One of the most legally underserved groups in America is the deaf. The deaf community is enigmatic. It is said that Americans and the British are separated by a common language. The relationship between the hearing and the deaf is similar; although both speak a common language, they are separated by vastly different modes of communication, which creates a challenge for a hearing attorney attempting to represent a deaf client.

Over the years, technology has made it possible to improve communication between the hearing and the deaf. In the second half of the 20th century, the teletypewriter (TTY) and telecommunication device for the deaf (TDD) were invented, which enabled the deaf to communicate with one another over telephone lines through a typewriter-like apparatus. The deaf and hearing could speak to one another over the telephone by calling 711. 711 called a relay service where a hearing person, using a TTY/TDD, would type the hearing person’s words to the deaf person and read the deaf person’s words to the hearing.

With the advent of the Internet, the ability of the hearing and deaf to communicate with each other has advanced exponentially. The deaf first, like the hearing, used e-mail to great effect. However, it was the introduction of instant messaging that truly brought the deaf community into the 21st century. Whether it is through AOL IM, Yahoo messenger or MSN messenger, or newer software like Skype, typed communication between the deaf and between the deaf and hearing has become nearly instantaneous and extremely convenient. Instant messaging, almost single-handedly, has led to the near-obsolescence of TTY and TDD communication.

Instant messaging now includes the use of webcams. As the deaf communicate visually through their hands, web-camming while instant messaging has completely revolutionized deaf communication. Advancing even further, now the deaf can call one another over the telephone using their televisions to serve as videophones, a la Star Trek. Using videophones, much like the now-antiquated 711, the deaf and hearing can communicate through a relay service where the deaf person signs to an interpreter over videophone and the interpreter speaks to the hearing person over a standard telephone. Indeed, technology has now reached such heights that a hearing person can call a deaf person over the videophone relay and a deaf person can now answer himself using the internal camera and screen on his smartphone to communicate over videophone.

Needless to say, opportunities for communication between the hearing and the deaf are greater than ever in human history. These technologies should make it possible for a hearing attorney to be able to serve the deaf community better than ever and the practitioner can easily avail himself or herself of them as they are all now standard elements to any Internet service.

James W. Cushing is an associate at the Law Office of Faye Riva Cohen and research attorney for Legal Research Inc. He is licensed to practice law in both Pennsylvania and New Jersey.

Comments

[Donna Shinton]

Can you research on your colleagues' views to the Deaf?

If some of them never met the Deaf people before, do they feel comfortable to represent their Deaf client?

If they are surprised to see two signing interpreters for the Deaf Juror to be are appearing at the interview, will they pick a qualified Deaf juror?

Do they think the Deaf is capable to serve the jury?

What do they think when a Deaf juror to be did not answer to a question "How many of you are disabled?" when a Deaf juror did not stand up or raise his hand to say Yes. To me, I do not believe that I am disabled. It is because I use ASL to communicate and use the sign language interpreter in the hearings.

I have a question for you: Should I stand up to answer Yes but have to explain my point to that question to the Plantiff and Defendant's lawyers like what I said above?

I strongly believe that I am still a victim by the government agency, who ignored my serious complaint of my innocence. They refused to provide me the interpreter. They said the documents the opponents gave them are enough and ignored my evidence. Do they think deaf people are scrap goats like what cops and others think AfroAmericans are scrap goats according to the OJ case in the past? They listened one side not both, or the deaf's side.
I am honest that I never meet or speak with a doctor. but I was kicked out of the doctor's office. My deaf friend was her patient back in 2008. They simply dismissed my complaint.

[Andy]

You made a comment about American and British language, but you didn't make the obvious and relevant firer statement that ASL and BSL are completely different languages...