Persons with communication disabilities and the criminal justice system

Existing literature on questioning strategies recommended for use with both children and adults with communication disorder (CD) in criminal courts was integrated using a synthesis matrix. Questioning strategy guidelines were developed from the synthesised data. Specific attention was given to those principles that would accommodate individuals using AAC. Individual interviews were conducted with expert South African legal practitioners regarding their perceptions of the clinical utility of these questioning strategies. 
Thematic analysis of the transcribed interviews was used to establish common themes in the interviews. During the thematic analysis of the data, four overarching themes were identified as being important to the participants in the study, namely the person and their specific needs, preparation and support, court processes, and universally appropriate techniques. Within these themes, participants felt that no two witnesses with CD are the same and that questioning strategies need to be adjusted to suit each individual witness. Preparing the witness for their court experience is seen as vital for the witness to be able to testify effectively in court. This is particularly true in the South African adversarial system where the witness is likely to be cross-examined. In addition, participants noted that many of the accommodations recommended in the questioning strategy guidelines are already in regular use in the South African criminal courts. However, defendants with CD are not routinely offered the same accommodations as complainants with CD.
A consolidated set of questioning strategy guidelines with a strong evidence base has been developed. The results of this study foreground the challenges faced by individuals with CD when questioned in criminal courts, particularly during cross-examination. More training of legal practitioners from the beginning of their studies and through continuing professional development is needed to improve their understanding of and sensitivity to the challenges faced by individuals with CD. Training must include disability sensitivity and skills-based training to ensure that communication challenges are accommodated rather than exploited.

现有文献中关于适用于有沟通障碍（CD）的儿童和成人在刑事法庭上的提问策略的研究成果，已被整合至综合矩阵中。基于综合数据，形成了提问策略的指导方针。特别关注了能够适应使用辅助和交流沟通（AAC）的个体原则。对南非的法律专家进行了个体访谈，以了解他们对这些提问策略临床实用性的看法。通过转录访谈的主题分析，确立了访谈中的共同主题。在数据主题分析过程中，确定了四个对参与者重要的主题，即个人及其特定需求、准备与支持、法庭程序以及普遍适用的技术。在这些主题中，参与者认为，有沟通障碍的证人各不相同，提问策略需要根据每个证人进行调整。为证人准备其在法庭上的经历被视为至关重要的，以便证人在法庭上能够有效地作证。这在南非对抗制体系中尤为重要，因为在对抗制体系中，证人很可能面临交叉审问。此外，参与者指出，提问策略指导方针中推荐的大多数便利措施已在南非刑事法庭的常规使用中。然而，有沟通障碍的被告并没有像有沟通障碍的原告那样得到同样的便利。已开发出一套基于强大证据基础的提问策略指导方针。本研究结果突出了有沟通障碍的个体在刑事法庭被提问时面临的挑战，尤其是在交叉审问期间。需要从法律实践者的学习初期开始，并通过持续的专业发展，进行更多培训，以提升他们对有沟通障碍的个体所面临的挑战的理解和敏感性。培训必须包括残疾敏感性和基于技能的培训，以确保沟通挑战得到适当的适应，而不是被利用。