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Enhancing Access to Justice: Courtroom Considerations for Elderly Witnesses with Disabilities

Learn how to address barriers faced by elderly individuals in court due to disabilities, with a focus on accommodating hearing, visual, and dual sensory impairments. Discover strategies and accommodations to ensure equal access to justice for elderly victims.

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Enhancing Access to Justice: Courtroom Considerations for Elderly Witnesses with Disabilities

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  1. Courtroom Considerations for People with Disabilities NYC Elder Abuse Training Project

  2. American Bar Association Study • Found that many abused elders did not want to bring their case to court • Dependent on abuser for care • Abuser often adult child or relative • Feared retaliation • Feared placement in nursing home

  3. Other Barriers • Afraid to testify in court • Ashamed to have abuse aired in public • Lack knowledge of rights and judicial system • Failure of court staff to explain judicial process

  4. Victim/Witness Assistance Programs • Available in most courts • Can explain court system • Provide transportation • Accompany witnesses in court • Arrange visit to courtroom before session • Acquaint elderly with special considerations of Americans with Disabilities Act

  5. Americans with Disabilities Act • Goal = ensure that all qualified individuals with disabilities will have equal and full access to the judicial system • Qualified individuals have physical or mental impairment that limit one or more major life activity • Activities include walking, seeing, hearing, learning, breathing, caring for oneself, working • Many seniors qualify

  6. ADA Coordinator • Each court has an ADA coordinator • Can assist the senior with any devices or considerations to enable better testimony • Receives requests in writing or by telephone

  7. Some Available Accommodations • Assistive listening devices • Realtime reporting • Information about rights and ADA accommodations on New York County Courts website

  8. Hearing Impaired • Ask if person is having difficulty hearing • Distortions of microphone may create hearing problems for older person • Person may prefer written communication • Visual cues are important • Eliminate background noise if possible • 3 to 6 feet away if possible • Establish eye contact before speaking

  9. Hearing Impaired (Continued) • Speak slightly louder than normal • Do not speak quickly • Do not over-articulate • Use short simple sentences • If person does not understand, rephrase • If you cannot understand, ask person to repeat • Use visual cues

  10. Visually Impaired • Elderly may need more light to see well • Glare can cause difficulty • May need time to adjust to room lighting • When written communication is needed • Ask if he or she needs reading glasses • Try larger print, 14 pt. • May need to move text • May not look directly at you as some see better in their peripheral zones

  11. Dual Sensory Impairment • Many seniors have both poor vision and poor hearing • Auditory strategies appropriate for them • If blind and deaf use a court interpreter who knows hand spelling • Family member or friend may bias interpretation

  12. General Guidelines for Assisting Elderly Victim • Difficult for elderly victims to testify • May be traumatized by abuse • May be ambivalent abut acknowledging abuse • May be confused about what has happened • Compassion shown by court can make testifying less traumatic

  13. Courtroom Considerations • A court officer may help elderly person to the stand if needed • Ask if elderly witness needs water • Witness tired or not feeling well? • Address elder by his or her last name • Let witness know that your primary concern is allowing him or her to give testimony • Speak slowly and clearly • Be patient in waiting for a response

  14. Testimonial Capacity • If question about elder’s mental capacity, questions about day, date, time and place will indicate how person is functioning • If elder does not have testimonial capacity, unsworn testimony may still add valuable information

  15. Scheduling Hearings • Capacity of older persons may fluctuate with time of day due to • Fatigue • Intervals between meals or medication • ABA study recommends that courts be flexible in scheduling hearings to accommodate these needs

  16. Bed Bound Witnesses • Criminal Procedures Law§190.32, and §680 give guidelines for conducting part of hearing at victim’s bedside • Defense must be able to cross examine

  17. Other Judicial Considerations • ABA study recommends expert witnesses to testify on capacity • Expedited hearings important due to age of victim • Defendant may request delay, hoping victim will be unable to testify

  18. Victim Impact Statements • Allow elderly victims to let court know how the crime has affected life • Seniors usually less able to recover physically or financially from crime • Can have devastating effects on their health and well being

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