DHINewsletter, No. 13 (Spring 2002) 7

Review Essays:

Peter W. Jackson's Deaf Crime Casebook, Deaf to Evidence, and Deaf Murder Casebook

Cynthia Peters

As far as is known, nothing comparable to these three British texts has been attempted in any other country, including the U.S. Nor are these texts, published by Jackson and Jackson, Winsford, England, generally available, which is a crying shame as altogether they are a gold mine of information. The first one published, Deaf Crime Casebook (1997), is almost an overview of deaf criminology in English speaking countries down through the ages. Issued one and three year later respectively, Deaf to Evidence (1997) and Deaf Murder Casebook (2000) have a more focused approach. The former presents five cases in which evidence exonerating a deaf person or some mitigating factors was not taken into account and the latter proffers 17 murder cases involving a deaf person as the actual oh goodness! offender.

The fact that nothing similar exists in any other country is an example of how many features of deaf culture could be written but aren't, for various reasons. That a Brit has come out with three such texts makes one wonder why this hasn't been attempted before or elsewhere. Of course, deaf criminology is not the most palatable of subjects and it takes a certain hard‑headedness, aplomb, and objectivity (qualities Brits are particularly known for, however) to handle it.

One possible reason an in‑depth account of deaf criminology has not been forthcoming in the U.S., for example, may be a reluctance to portray the deaf in a less than positive light. Indeed, a hearing person could not touch this subject with a ten‑foot pole for fear of being labeled antideaf, paternalistic, or just an interfering busybody. Even a Deaf American making the attempt would be bucking community pride and image. The American deaf community has long been a proud one, having, for instance, declined an additional federal income tax exemption that they and the blind were offered some fifty or more years ago. That pride, however, comes with the unfortunate tendency to cover up many embarrassing problems, including crime.

Jackson covers some 42 cases in all and they are a most amazing and enlightening read. His modus operandi is to introduce the reader to a case much the same way the television producer of a detective series does. For instance, we have the elderly woman making her way across the street to purchase some tea and chat up the shop owner. She returns home, shopping bag in hand. Night falls and morning dawns, the screen door swinging ominously open and shut in the summer breeze. Before long the next‑door neighbor, seeing the unlatched screen door, crosses the yard, rings the bell and ventures within the cottage, and there finds the bludgeoned body of the elderly woman sprawled on the kitchen floor. Forthwith, the neighbor sends a child hurrying up the street to summon the village sheriff. From here on Jackson relates step by step as in a police or court report the authorities' endeavors to solve the case and deal with the deaf person(s) involved, or presumed to be. The forensic evidence is gathered, the witnesses are interviewed, the interpreter is procured or not procured, the trial proceeds pro forma or otherwise, and so on. It can be a bit repetitive and plodding, but Jackson has a way with words. Occasional verbal dexterity ~ apt expression, witticisms, and even some poetic passages lighten up the otherwise business‑like prose.

Deaf to Evidence is the most intriguing, Deaf Murder Casebook the most horrifying, and Deaf Crime Casebook the most informative. The latter is not only a compendium of cases, but also a quasi history of the deaf coming up against the legal system. Jackson first introduces us to a deaf man convicted of petty thievery ‑ his female companion interpreting for him in court ‑ and transported to the colonies in the late 1770s. This is followed by a deaf highwayman being chased, caught, tried, and hung from the gibbet, the body being left to rot away. Then there is the 1817 case involving a distressed, unwed mother accidentally dropping her 'baby in the river and being gotten off by helpful witnesses and the interpreting of a deaf school superintendent. Another case in the late 19th century involves a much put upon deaf man accused of attempted murder by his grasping, hearing wife, and convicted despite the vocal support of the local deaf community. Moving to the 20th century, Jackson describes a 1970s case in which a young, deaf woman a former swimming star profiled in the news now down on her luck and working as a prostitute‑‑‑who, panic‑stricken, fatally stabs an unsavory acquaintance of her pimp. Other cases concern a deaf man with a history of emotional problems killing his social worker in 1978, a promiscuous young deaf woman hitching rides on lorries and ending up strangled in 1994, and a gay man being ejected from a porn cinema who retaliated by firebombing the premises, killing 11 men altogether.

In Deaf Crime Casebook, Jackson traces how the justice system has evolved in its treatment of the deaf: very, very slowly gaining in enlightenment, with one or two steps backwards from time to time. For instance and unsurprisingly, the age‑old "speech = intellect" misconception often led to mistreatment of the deaf. At first, the deaf were summarily executed when they did not respond orally. Later and frequently, if the person did not have any speech or hearing, then idiocy was assumed. In England, Jackson describes how if a person could not talk, he was assumed to have little or no understanding of the charges and the trial proceedings. Indeed, the first order of business during a trial or hearing was to determine whether the deaf defendant was mute by visitation of God or by malice. If the former, the person was remanded without trial ‑ guilty or not ‑ to an institution for the non-sane "pending His or Her Majesty's pleasure," something apt to take years and years. Even early in the 20th century, when a prosecutor argued that the inability to communicate was not the same as a mental defect, the judge declined to disregard precedent. Not until a landmark case in 1953 did a judge rule that it made no difference whether or not a deaf person could plead orally and with comprehension, because one couldn't lock him or her up as a criminal lunatic without determining his or her guilt.

Interpreting gets an overview also, as well it might. Interpreting was not at all very professional for some time. As previously mentioned, in 1773 a man went on trial for petty thievery; his live‑in female companion was allowed to interpret for him. Often, a deaf school superintendent or teacher was called in to interpret. The 1817 case involving the accidental drowning of a baby was the first in which a person was appointed to interpret and the testimony accepted, rather than just any person being called on to help out. More often than not, such interpreting was helpful but not optimal. The defendant might be conversant in sign language but not the manually coded English the teacher or superintendent used. Also, the "interpreter" called in could be paternalistic, someone doing volunteer work and apt to scold the deaf person into saying and doing what the interpreter deemed appropriate. It takes a professional interpreter to know where and when to draw the line. For instance,

Jackson describes how in one case a deaf suspect was squeezed between an "interpreter" and a detective in the backseat of a car and persistently questioned ‑ even badgered. It took a while for professional interpreting to be mandated and even then police and judges would often use non-professionals or resort to writing notes and oral interpreting.

Peter Jackson in these three texts effectively reveals, or reminds us, how in criminology deafness, which is not at all uniform across the board, adds another dimension. It is not just difficult for the deaf person involved, whether innocent or guilty or merely a witness, but for the authorities that need to deal with the matter. Not only are there communication difficulties, but also the background of the person including out‑of‑the ordinary social and cultural factors must be taken into consideration. And, attempting rehabilitation can be problematical as appropriate placement is often not available. Prison can be cruel and unusual punishment for a person with little or no hearing, speech and literacy, unable to communicate with guards and other inmates.

‑‑‑Cynthia Peters is a professor of English at Gallaudet University and the author of Deaf American Literature: From Carnival to Canon.