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Law Enforcement Response to Persons With Aphasia


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Aphasia and the Law

Editor's note: Unnecessary arrests, inappropriate proceedings and misguided decisions have resulted when police officers, attorneys, and judges have been ignorant of aphasia. In addition to the NAA's Fact Sheets about aphasia and its impact, the following resources have proven helpful in some cases:

The Americans with Disabilities Act (ADA)
prohibits discrimination against people with disabilities in employment, public accommodations, transportation and other areas. The American Speech-Language Hearing Association (ASHA) has a list of articles that interpret the ADA). Much of the information relates to other communications disabilities such as deafness, but some is relevant to people with aphasia. Contact ASHA Office of Multicultural Affairs, 2200 Research Blvd, Rockville, MD 20850, (301) 897-5700, www.asha.org. For information on filing complaints under the ADA contact the US Department of Justice, www.usdoj.gov, 202-514-2000.

Legal Aspects of Aphasia, American Bar Association and the American Speech-Language-Hearing Association, 1983, 23 pages. The paper discusses several cases relating to aphasia. Issues include the competency of people with aphasia to create and change wills, to act as a witness, and the right to serve on a jury. Other issues raised were cases of unethical conduct by attorneys who defrauded peoples with aphasia. While the article has not been updated, it may serve as the starting point for further research. A copy is available from the NAA for $2.25.

Legal Competency of Aphasic Patients: Role of Speech-Language Pathologists, Archives of Physical Medicine and Rehabilitation, Vol. 61, August 1980 (pp. 375-76). The authors, two speech-language pathologists and a physician, conclude that it would be in the best interest of persons with aphasia if the court would depend on the expert opinions of speech-language pathologists to make detailed evaluations of language competency (rather than relying on a neurologist, physiatrist, or general practitioner). They also state that a speech-language pathologist can help choose the best way to communicate with a person with aphasia who must respond to questioning. Two earlier articles about aphasia and legal competency are cited. A copy is available from the NAA for $0.50.

Law Enforcement Response to Persons with Aphasia, Police Chief Magazine, December 2004. Written by a police officer and the Executive Director of the NAA, the article explains aphasia and sets for appropriate responses when encountering a person with aphasia. Click here for article

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