hearing loss and the criminal justice system - Australian Indigenous ...

Senate Inquiry March 2010_________________________________________________________________________________________________________________‘A long‐term feud developed between a hearing impaired prisoner and anotherprisoner after a hearing related misunderstanding during a game of cricket inprison.’ (Howard, 2006, p 9)There is strong evidence to suggest that Indigenous students’ anti‐social school behaviour isrelated to widespread hearing loss (Howard, 2004). Recent research (Richards, 2009) showsthat police are more likely to arrest and refer to court young Indigenous individuals,compared with non‐Indigenous youths. This may be seen as related to racial profiling andnegative stereotypes of Indigenous people among police. It is highly probable, however,that the outcomes of police contact with Indigenous people are influenced by the effects ofwidespread hearing loss among Indigenous youth impacting on communication with police.Communication with policeThe issue of police discretion is raised in a number of other submissions to the inquiry.“It has been argued that bias in the exercise of police discretion against Indigenousyouths (e.g. in the decision to arrest rather than caution offenders) results inIndigenous people acquiring a longer criminal record at a young age, increasingtheir risk of detention or imprisonment when they reappear in the justice system...It is particularly concerning that first‐time Aboriginal and Torres Strait Islanderoffenders are more than twice as likely to be referred to a court for sentencing.Whilst this may be explained by other factors, including the greater likelihood ofIndigenous offenders being charged with more than one offence or a serious violentoffence and the application of guidelines in the exercise of police discretion, itpresents a sufficient case for appropriate cultural awareness training for police andother measures to improve police interactions with young Indigenous offenders.”(Law Council of Australia submission, 2010)One important but little considered ‘other measure ‘is addressing the effects of hearingloss on communication with police.Hearing loss can act as an obstacle to communication with the police. Themisunderstandings that arise when these obstacles are encountered can contribute tonegative outcomes resulting from contact with the police. This was highlighted by anIndigenous client, who had a moderate hearing loss, and long history of antagonisticrelations with the police.Case StudyHis involvement with the police often resulted in his arrest. Hedescribed a process whereby he had difficulty understanding what apolice officer had asked him, when they raised their voices, andshouted so that he could hear what they said, he became angry,thinking they were being aggressive or trying to shame him. This oftenresulted in a violent altercation with police._________________________________________________________________________________________________________________8 Phoenix Consulting