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Subject Area

Psychology

Abstract

It has been established since the 17th century that defendants need to be competent to proceed in order to move forward in their cases. At a minimum, individuals need to have a factual and rational understanding of the proceedings against them, and to be able to assist their attorney in their own defense. While there is a robust body of case law, research, and statutes guiding competency evaluations and restoration for defendants with typical hearing, this framework critically fails to address the unique and specific legal experiences of Deaf and Hard of Hearing (DHH) individuals. This article will include a comparative analysis of the competency evaluation and restoration systems for DHH defendants within the specific legal frameworks of Utah and Alabama. Based on this analysis, we conclude by proposing practical solutions and concrete recommendations designed to ensure equitable competency standards for DHH defendants throughout the United States moving forward.

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