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19 answers

He has to be read his rights. In the case of "the right to remain silent", it really means the right not to communicate anything.

If he can't hear you -- then you have to find another way for him to get his rights read to him. If he signs you need to get a CERTIFIED sign language interpreter. It is the law in every state (in the US) that communication must be made accessible. If you just have him read the card, he may not be able to understand it.

If communication access is not provided (meaning, no QUALIFIED interpreter, he is unable to read and understand the Miranda rights) then his case could be thrown out. For the protection of the case you are working on, you want to make sure you do it right.

And a note about interpreters -- just because a person can sign does NOT mean they can interpret. And just because someone is an interpreter does not mean they can interpret in a legal situation. So be very careful about who is chosen to interpret!!

2006-11-24 18:50:07 · answer #1 · answered by InterpreterNatalie 3 · 0 0

Yes you do, for whatever good it might do. Best put it in writing and have the person read the statement of their rights So they don't go signing or writing down info. Deaf means they can't hear. Mute means they don't verbally speak. Doesn't mean they can't communicate at all or that the are dumb.

2006-11-25 02:10:58 · answer #2 · answered by wacoastalgirl 3 · 0 0

Yes you still must tell someone they have the right to remain silent, even if that person is non-verbal. The right to remain silent is the right to not communicate with authorities by any means. A person who uses sign language is still speaking to you. A person who communicates via writing is still speaking to you.

2006-11-25 01:53:15 · answer #3 · answered by Jane S 2 · 1 0

Umm... sorta. The intent behind the 'right to remain silent' is that a person has the right not to say, write down, or communicate anything to incriminate him/herself. Once that person knows they have that right, then they may choose to say, write down, or communicate anything and the authorities may use that communication at trial. So the short answer is yes the person needs to understand that they can withhold any communications (whatever that may be) until they waive that right or they are represented by counsel.

2006-11-25 01:57:33 · answer #4 · answered by tomurphy4321 1 · 1 0

Policemen generally have a copy of the Miranda rights on a card with them on duty, so if you have one, just show it during the arrest. Deaf and mute doesn't mean he's blind.

2006-11-25 01:50:04 · answer #5 · answered by HopeURSatisfiedW/MyAnswers 3 · 1 0

Well, yes because you have to follow the police officer's protocol. But then again, why would a deaf mute commit a crime?

2006-11-25 17:09:55 · answer #6 · answered by J 3 · 0 0

Okay, that was a funny question and it gave me a laugh!! Reminds me of the little childhood story jokes ... "It was a dark and stormy night, the sun shone bright. Two dead men got up to fight. Back to back they faced each other. Threw their swords and shot each other. The deaf policeman heard the noise and went to find those two dead boys. He threw them in a deep, dry well and drown them both. And if you don't believe this tall, tall tale, ask the blind man around the corner, she saw it all!" Ha!

2006-11-25 02:07:40 · answer #7 · answered by Elle 5 · 0 1

If you read him his rights verbally (not in sign language or some other way he can understand) and he has a good lawyer, he can beat the charge. Everyone has to be informed of their rights in a way they can comprehend.

2006-11-25 01:50:18 · answer #8 · answered by hot.turkey 5 · 1 0

YES, even though the mute person does not converse audibly, legally they still "speak".

2006-11-25 01:55:29 · answer #9 · answered by HSB 3 · 2 0

Silly boy, Tricks are for kids...sure, tell him to be silent, as as deaf person he won't hear you anyway.

2006-11-25 01:58:35 · answer #10 · answered by patti duke 7 · 0 1

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