Six Factors for Linguistic Incompetence

Originally posted on deafinprison:

 By Jean F. Andrews

Deborah Parkin - Susan Spiritus Gallery Deborah Parkin – Susan Spiritus Gallery

I’ve been in court, when both judges and prosecuting attorneys were not familiar with the term linguisticincompetence, and how it related to a deaf defendant’s case. They were familiar with the term, mental incompetence. Mental incompetence is defined as the inability is of a person to make or carry out important decisions, or is psychotic or of an unsound mind, either consistently or sporadically, by reason of mental disabilities such as cognitive disabilities, schizophrenia, and dementia.

But linguistic incompetence or the lack of language ability to understand the court proceedings or inability to have the language to even work with one’s attorney baffles the court. Attorneys often will request competency hearings prior to a trial or a hearing to address the issue of linguistic incompetence of the deaf defendant head on. This is wise to…

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