Recently, the Limping Chicken reported that three profoundly Deaf people have each been sentenced to quite long jail sentences for their part in Access to Work fraud. In this post, I want to explain why I do not think these sentences are fair.
However, I should begin by saying that this does not mean I do not think this was a serious crime and that the new prisoners’ actions should not have consequences.
They told lies in order to gain a lot of money that they were not entitled to and used that money to buy things that it is not for.
Furthermore, a number of innocent people were put through the lengthy ordeal of a trial.
As if all that were not bad enough, when Deaf people struggle to get the funds that they need to do their jobs under Access to Work, it is quite understandable if they feel that it has been made harder due to cases like this.
Nevertheless, the main reason I do not think these sentences are fair is because prisons are not designed for Deaf people.
This is apparent in at least two important ways.
Firstly, Deaf prisoners will struggle to communicate with both wardens and fellow prisoners.
Communication is crucial for getting through a period in prison, especially at a time when, due to cuts to resources and staff, prison has become an increasingly violent and dangerous place with assaults and self-harm sky-rocketing.
Secondly, they are unlikely to have the communication support needed to engage with the rehabilitation process that prison is supposed to be mainly about – the activities, classes and jobs will be inaccessible.
For these reasons and more, prison sentences for Deaf people have quite rightly been referred to as a ‘double sentence.’ It is almost like solitary confinement.
We have known about these sort of problems for some time, because people have done research into it. For example, here is a past Limping Chicken article on the subject.
Prisons are supposed to follow the Equality Act and if the Home Office can’t ensure that prisons do actually follow it, then I think they have no business locking Deaf people up.
The rest of my post applies to prisoners in general as well as to Deaf prisoners.
Another reason I do not think these sentences are fair is that they are completely out of proportion to to the harm caused by the crime.
I do not think people should be sent to prison when they have not seriously injured or killed somebody.
This is a dishonesty offence, the harshest sentence was six years imprisonment and yet, by comparison, a famous footballer, for example, was sentenced to five years for rape. In another recent case, somebody who supplied the drugs that killed his friend did not serve any time at all.
Again, speaking generally about prisoners, I do wonder what jail is supposed to achieve, considering that it is very gruelling, expensive and labour intensive.
Is it really anything more than the wrathful revenge of ‘an eye for an eye,’ with a side order of humiliation?
Jail may be needed to deal with the convicted person who has seriously harmed somebody, but otherwise, as Gandhi famously said, ‘an eye for an eye makes the whole world blind.’
Far better, I think, is to have some sort of restorative justice, under which the wrongdoers have to give something back to the community until the victims of the crime are restored as close as possible to the same position they were in before the crime.
For these reasons I believe that the sentences of these Deaf people are too harsh and are unlikely to achieve anything more than crude vengeance.
Of course, others, especially those who have been hurt by these people, may have a very different opinion and I respect that.
Tim is Deaf from a young age, a law graduate and ex CAB volunteer. He is a keen politics, justice and social justice commentator who prefers to communicate in BSL, though he is not as fluent as he would like to be. You can follow him on Twitter as @TimRegency
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Lewis Campbell Jr.
June 29, 2016
I don’t know what it means to be deaf, though I’m starting to understand or at least learning to walk in other shoes as my hearing lost increases. I’ve never had vision or hearing problems; but now due to a head injury in the middle east, I find myself having to start thinking about what these sort of problems mean.
Having said that; the moral rationalization, is much like all the other excuses of those who end up in prison for the things they do wrong. We can talk about some sentences being to long for the crime and not enough for others, that I agree with, yet ultimately it comes down to personal responsibility.
Like most of us we want to be treated as equals, get help when we need it for what disabilities we have, yet we; I think, have to be the first to come out against those who try to use such disabilities to rationalize their wrong doing.
Rape should get life as far as I’m concerned. If I were a parent of a man or woman that was raped, the person in question would be lucky to get life. Non-violent crimes should be sorted on how much it cost society, misdemeanors versus felonies etc.
Yet as far as I’m concerned jail, prison, it is suppose to be harsh. You should lose all privileges, as the person made the choice to be there by what they chose to do. If you want to challenge people to not do those things, it has to be harsh, life lessons always are.
Just a thought, have a good week…
Roger Beeson
June 29, 2016
If you had been in court you would have known that the sentences were reduced to allow for the fact that the defendants were deaf. The judge took on board submissions from the defence lawyers about the additional pressure on deaf people in prison.
Linda Richards
June 29, 2016
Which court case?
LJ.
June 29, 2016
Tough! and I will say what is commonly said. “If you can’t do the time then don’t do the Crime”! That applies to everyone, regardless of their disability.
Sorry that that sounds harsh but I feel that these criminals ‘knew’ what they were doing, they amassed enough proceeds from their crimes to be sufficiently aware. They ‘knew’ that if caught prison would not be very nice because they were deaf. I too am profoundly deaf and would hate the very prospect of going to prison, so I do my utmost to keep my nose clean. The majority of D/deaf people are NOT stupid!
I feel a responsibility in my life to be a good law abiding citizen not just to the whole of society but to other deaf people like myself as well. There is nothing more hurtful than to see a fellow deafie, even though I do not know them, commit a crime and be sentenced for it. I feel the sentence is on me as well.
Solitary confinement would probably be a blessing than being shut up with other hearing criminals, just for one moment imagine the intimidation, other prisoners take, hide or break your hearing aids, their frustrations with you when you don’t hear, you become a target for bullying, the thoughts of all this is nightmarish enough! I’m sorry, those deaf criminals are sadly, the stupid ones, someone should have told them ‘don’t do this! the consequences would be horrendous.
Cathy
June 29, 2016
Tim, I can’t say I am too surprised that you don’t agree with Deaf people going to prison, but there are others who think the sentences were far too short!
I don’t think prison is only for those who have raped, maimed or murdered people. It is there to actually deter people from misbehaving in many different ways.
These people were lucky to have a reduced sentence because they are Deaf, which I, personally didn’t agree with. It is quite simple: “if you can’t do the time, do not do the crime!”
We all know prison is in no way designed for anyone with a disability: the blind would be just as disadvantaged; wheelchair users: likewise. We cannot make excuses for Deaf people just because we need help with communication. It would be too easy to let Deaf people off for all sorts of crimes, that would attract very severe sentences for hearing people. Being soft would also not deter Deaf people from being law abiding citizens.
I do know a Deaf man who has been to prison more than once. I am not certain what the crime was, but on chatting to him he said to me: “never again!” I asked him “why?” His reply was: “you can’t communicate in prison!”
So there we are: the deterent for Deaf people to avoid prison, is communication itself! I thought ‘wow!’ He is now behaving himself, all because he struggled to communicate in prison! And as far as am aware he has never gone back in!
The judge in my view should not have reduced the sentence at all. Even though I agree it is a “double whammy” there is no alternative. How would these people pay back to the Deaf Community for their serious misdemeanour when hundreds of us are now struggling more than ever to gain access to the world? They could not possibly put it right any other way! And saying “sorry” wouldn’t cut the mustard!
For anyone with a disability of whatever nature, need to remember that prisons are only designed for those without the slightest disability whatsoever. I, for one, am very glad this is the case. It is the BEST deterrent of all! Those Deaf people in prison will now be pondering their folly and realising that their lies had huge ramifications, for thousands of others, who are totally innocent. They now have plenty of time to think about their crime. Sorry Tim, but I totally disagree with you.
Linda Richards
June 29, 2016
The bigger sentence will come from their peers.
However, I think the interpreting process in at least two of the AtW court cases left a lot to be desired such that the evidence was poorly interpreted, the defendants (and some of the witnesses) were seen as evasive, and the sentencing for at least one of them, may, I say may, have been based on this and that is a shame.
Hartmut
June 29, 2016
In the US, there is a similar fraud trial against a dozen deaf people, some of them are “prominent” in the Deaf society, who were sentenced for fraud with charging the FEC for the bogus VRS time. The deaf defendants did not question the jail time, but they sued the Department of Corrections for equal access to services in the jails as enjoyed by hearing inmates on the basis of American Disability Act. The jail administration realizes that they cannot operate on the premise that deaf people don’t exist and must be ready to provide accommodations to deaf inmates.
Linda Richards
June 29, 2016
I remember this case.
Reg Cobb
June 29, 2016
I have done a year in prisons … I meant managing a project about deaf people in prisons! It will be released very shortly and I am hoping this will allow deaf people do their time in an accessible rehabilitation institutions. The most important word is ‘rehabilitation’ so deaf people can leave prisons as better people.
I remember visiting one prison with a group of deaf people and walked past counselling service and every deaf prisoner said to me that they won’t provide an interpreter for an appointment in there!! The aim is to treat deaf people differently by making them equal. Difference = accessible environment. Equal = Same prison sentences.
LInda Richards
June 29, 2016
Look forward to your report though I’m slightly concerned by the reference to “a group of deaf prisoners” – how many are there? In one place?
I remember the efforts made by key Deaf staff at the BDA in the late 1970s/early 1980s to make sure they found out where the Deaf prisoners were and to arrange for them to receive the BDNews free so that they could keep in touch with the Deaf World. Of course, technology has changed that and the advent of social media means they can access the Deaf World in this way as well as other services online.
Cathy
June 30, 2016
Linda, I thought mobile phones and such like were not allowed in prisons?! So how would Deaf people access services online???
I have often wondered why our prisons are so choker, with many becoming recividist, although they are mainly the hearies.
But Social Media and rehabilitation, are most likely the reasons why some may think doing time in prison is a doddle!
After all, what is rehabilitation exactly? They have table tennis, TV, games consoles, learn English n Maths. Yet thousands on the outside never have a chance at such activities as they don’t have the money.
Many people over the years have all been saying British prisons are a “holiday camp!” This does not act as a deterrent!
Iam currently watching a programme about American Prisons and the difference between our jails and their’s could not be more stark, if we tried!!!
The difference is truly phenomenal!!! And I think therein, lies the answer as to how to reduce the numbers in our prisons: make jail time harsher!! Social media should be banned!!!
Tim
June 29, 2016
Thanks for everybody’s comments. I didn’t expect many people to agree with me, but it’s about what’s right. not what’s popular.
Reg touches on what I think is important – successful rehabilitation. The fact that the re-offending rate is so high means that prison is not working. So if Deaf prisoners cannot access the rehabilitation regime, it means that it is even less likely to work.
ohdear
June 29, 2016
Tim.
So Deaf people shouldn’t go to prison because of communication and it’s regarded as a “double sentence.” Then you said it’s ok for a deaf people to go to prison if someone was seriously injured or killed. I’m sorry but you can’t have it both ways.
However I agree the prison system is terrible and most people shouldn’t be locked up. Most sentences is based on ‘revenge’ and prison are very expensive and private taxpayers are getting poorer by paying the costs of the prison industry and legal system..
I look at the concept of justice from the private property rights perspective. If someone steals £1,000 from me and is arrested, then the person should pay back the £1,000 plus police and court cost by losing part of their private property rights. If the person did this by admitting the crime then the costs would not escalate. No prison sentence or any form of punishment is required. In the case of fraud you’d mentioned, those convicted should pay the amount stolen back and the legal costs, by losing their private property rights. This would reduce the amount taxpayers are currently paying in tax. Secondly, criminals knowing that they would have to pay for their crimes in full by losing their private property rights would reduce crimes.
Cathy
June 30, 2016
Oh dear, what are the “private property rights”:you refer to? Do you mean one’s own private home? So this is sold to pay everything back that they stole? Sounds good in theory, but not in practise.
What if they don’t have a home to sell?
What if the home doesn’t meet the value of what they stole?
What happens if they have children and the home is sold? Innocent little children will pay the price of their parents folly! That is wrong!
What happens when the home is sold and they are homeless? We have created a whole new problem, which innocent taxpayers will have to pay for and could ultimately cost more than sending them to prison in the first place!
Ravi Coughlan
June 29, 2016
Jail sentence does not make them to be better citizens and to obey the law. They will always be “Olive Twist” in social inequality when the job market does not give more job opportunities for skilled and educated people with disabilities.
RH
June 30, 2016
I know a deaf person who worked for those who are now facing jail sentences. This person was subjected to a dawn raid, underwent police interrogation and lived under a cloud, in the end they were found totally innocent. Through all this and being unemployed for the last 3 years, they are serving their own “sentence”. In these cases no account is made for the victims.
Prisoners are permitted parole after serving part of their sentence and often only if they have attended rehabilitation courses which are often not accessible to Deaf people, so I agree with Reg Cobb that there is a need for ACCESSIBLE rehabilitation programmes, this is only giving Deaf prisoners equal rights, not extra rights.
Have there been any attempts to get improvements for Deaf prisoners through the Equalities Act ?
pennybsl
June 30, 2016
Echoing RH’s words
“I know a deaf person who worked for those who are now facing jail sentences. This person was subjected to a dawn raid, underwent police interrogation and lived under a cloud, in the end they were found totally innocent. Through all this and being unemployed for the last 3 years, they are serving their own “sentence”. In these cases no account is made for the victims.”
I was shocked to discover that person, a deaf woman, was denied AtW access in the two years leading up to the court case, whilst at least two of the deaf defendants, now in jail, were allowed AtW.
This causes doubt on the DWp’s “transparency”.