Court Accommodations for People With Aphasia (1915–2021)

Abstract

Purpose: Ensuring effective access to justice for persons with disabilities on an equal basis with others may include the provision of reasonable and appropriate accommodations or modifications to the court process. The major barriers facing people with aphasia when accessing court may be more about accessing information about the law and the communication and language barriers while interacting with the court and judicial personnel. This study aims to determine what accommodations to the court process are reported when people with aphasia access the U.S. court system. Method: Using the LexisNexis and Google Scholar case law databases, a systematic review of all U.S. court cases (1915–2021) documenting aphasia/dysphasia revealed 1,295 case reports, excluding duplicates. After elimination for exclusion criteria, 389 were searched for accommodation/modification, resulting in a total of 15 cases being identified. Data software was used to identify aphasia description, health professionals, and accommodations provided. Quantitative descriptive statistics are provided and exemplified with quotes. Results: Accommodations to allow greater participation for people with aphasia were rarely permitted. Analysis revealed limited descriptions of aphasia and demonstrated that the court, the judge, or psychologists determined modifications with no speech-language pathology input. Accommodations reported related to modifications to the court proceedings, questioning, alternative responses, presence of a support person, and preparation for the trial. Conclusions: People with aphasia are at continued risk of being unable to access and participate in the court system without appropriate accommodations. Based on these findings and disability literature, a preliminary provisional list of accommodations and modifications relevant to people with aphasia is presented. The aim of this list is to expedite and promote the use of courtroom accommodations for these individuals.