4. Discussion
The risks associated with erroneous evaluations in forensic psychiatric assessments include, among others, the potential failure to identify psychological distress or the misidentification of mental health conditions that are not actually present [
8]. Given the significant power that mental health professionals may hold over their patients, such errors can result in unjustified and prolonged detention under mental health legislation, inappropriate placement of an individual in prison, a high-security psychiatric hospital, or in the community, and the failure to identify a high risk of self-harm or harm to others. Even when a deaf offender is appropriately placed in a high-security psychiatric hospital, the variety of methods used to assess psychological issues and criminal behavior remains unreliable, making it difficult to accurately formulate the problems and design interventions tailored to the individual’s actual needs [
9,
10].
The dilemmas raised in the case of patients with hearing impairment and deaf-mutism, either fully or partially compensated through unstandardized non-verbal communication, were as follows:
In judicial proceedings, it is essential for the hearing-impaired individual to understand the context in order to ensure effective communication. In this regard, the Romanian Criminal Procedure Code and Penal Code contain specific provisions. The court must ensure such procedures are in place to facilitate proper communication with all parties involved.
Article 105 of the Romanian Criminal Procedure Code [
11]:
(3) If the person being heard is deaf, mute, or deaf-mute, the hearing shall be conducted with the participation of a person capable of communicating in the special language. In such cases, communication may also take place in writing.
(4) In exceptional cases, if no authorized person capable of communicating in the special language is present and communication cannot be carried out in writing, the hearing of the persons referred to in paragraph (3) shall be conducted with the assistance of any person who has communication skills.
Public and private institutions should have established protocols with various interpreters or with the Association of the Deaf to ensure interpreter services for individuals with hearing disabilities.
Article 5 of Romanian Law No. 27/2020 on Romanian Sign Language states [
12]:
(1) Deaf and/or hearing-impaired persons have the right to use Romanian Sign Language in their interactions with central and local authorities and institutions, whether public or private, in order to exercise their civil rights.
(2) Central and local authorities and institutions, whether public or private, are obligated to provide, free of charge, authorized Romanian Sign Language interpreters for deaf and/or hearing-impaired persons, in accordance with current legislation.
(3) Access to an authorized Romanian Sign Language interpreter shall be granted upon request or ex officio.
Article 69 of Romanian Law No. 448/2006 on the protection and promotion of the rights of persons with disabilities states [
13]:
(1) Central and local authorities and institutions, whether public or private, are required to provide, for direct communication with individuals with hearing disabilities or deafblindness, authorized interpreters in sign language or in the specific communication system used by persons with deafblindness.
The staged forensic psychiatric evaluations carried out by the forensic psychiatric commission in accordance with the Romanian Penal Code and the New Penal Code (at 6-month and 12-month intervals) at the Psychiatry and Safety Measures Hospital Pădureni-Grajduri, Iași County, Romania, were conducted with the legal support of an interpreter.
As a result of the aforementioned legal provisions, these evaluations were performed with the assistance of an interpreter, but proved inconclusive due to the patients’ lack of sign language knowledge, stemming from either a complete lack of schooling or insufficient formal education.
- 2.
Relevance and Validity of Psychological Tests in Forensic Psychiatric Evaluation
The assessment of patients with auditory sensory deficits (hearing impairment, deaf-mutism) from a forensic psychiatric perspective represents one of the most sensitive and complex challenges in forensic practice. These cases are particularly difficult to diagnose and evaluate due to the limited number of such cases and the lack of a standardized methodology for psychiatric and psychological assessment. As such, forensic psychiatric commissions often face diagnostic, therapeutic, etiopathological, and legal dilemmas, which are only partially addressed in the current specialized literature.
When conducting complementary evaluations to determine the mental health status of a person with hearing impairment or deaf-mutism, it is imperative that the medical team understands the individual’s academic and linguistic abilities and identifies an optimal method for communication and message validation. Several factors justify this requirement, including the fact that much of the information concerning judicial procedures is presented in written format.
- 3.
Recommended Treatment and the Role of High-Security Institutions in Supervision and Timely Implementation of Targeted Therapies
For clinical, paraclinical, and forensic psychiatric assessment, as well as for the application of appropriate treatment in cases of auditory sensory deficits (hearing impairment, deaf-mutism), it is essential that the members of the forensic psychiatric commission understand the often contradictory etiopathogenesis of such conditions. They must also consider the consequences on psychocognitive development, language acquisition, psychological development, Deaf culture, social behavior, and legal responsibility.
In cases of congenital hearing loss, if early diagnosis and appropriate intervention are lacking, both immediate and long-term negative consequences can arise in terms of speech and language development (due to maximum cortical plasticity during the first years of life), cognition, educational attainment, and cognitive-behavioral and social functioning during the day-to-day life of the individual. Hearing loss at an early age significantly impacts intellectual and psychological development, disrupts conceptual thinking, and fosters a sense of fear and isolation in the child. Experiences are perceived as incoherent and incomprehensible, and the surrounding environment may appear foreign or hostile. Clinically, such individuals often exhibit delayed language development, cognitive impairments, and reduced academic performance [
14]. In adults, hearing loss can lead to social isolation and significant socio-professional difficulties [
15].
Unfortunately, at present, in Romania, the culture of individuals with hearing impairments is poorly understood and insufficiently integrated. Although there are dedicated schools, organizations such as the National Association of the Deaf with branches in each county, various clubs for cultural and sports activities, and churches, individuals with special auditory needs represent a distinct world-a linguistic and cultural minority-for which modern society is largely unprepared.
For hearing-impaired individuals, nonverbal communication is of paramount importance and is interpreted differently depending on the educational level and expertise of the communicator. For example, touch is a common element during examinations and, when correlated with accurate interpretation of facial expressions, conveys the emotional tone of a message in a way analogous to vocal intonation in hearing individuals. Typically, facial expressions are exaggerated to reflect the signer’s intent and to ensure that the tone and content of the message are clearly transmitted and received. Additionally, hearing-impaired individuals often perceive personal space differently, which may lead them to stand closer to one another during communication.
- 4.
The Effects of Long-Term Institutionalization (Hospitalism) on Psychological Well-Being
The interruption of familial and community ties, particularly in such vulnerable patients and in the absence of targeted therapeutic interventions (e.g., speech therapy, psycho-pedagogy), leads to observable mental regression and gives rise to the clinical phenomena of hospitalism: indifference, irritability, apathy, increased susceptibility to illness, weight loss, loss of previously acquired skills and abilities, social alienation, and the development of maladaptive behaviors.
- 5.
The Role of Psycho-Pedagogical Interventions in Education, Instruction, and Social and Familial Reintegration
The institutionalization of hearing-impaired individuals in high-security psychiatric hospitals does not enhance medical or social rehabilitation. Rather, it limits the implementation of specialized therapeutic interventions and recovery programs suited to such fragile and diagnostically complex individuals-who are often difficult to assess both medically and legally, and to reintegrate socially, within the family, or professionally. In the absence of a legislative framework that adequately acknowledges and addresses the legal complexities surrounding such cases, it becomes exceedingly difficult to appropriately interpret them from a forensic psychiatric perspective and to apply the legal provisions of Articles 109 or 110 of the Romanian Penal Code.
- 6.
Determining Criminal Responsibility (Discernment)
From both historical and legal perspectives, in early common law, deaf-mute defendants were generally presumed to suffer from mental disorders and were considered legally irresponsible. In contemporary legal thought, however, deaf-mutism is recognized as potentially constituting mens rea and is understood to reflect limitations in critical discernment.
In individuals with hearing impairment, in the absence of other diagnosed mental illnesses of differing etiopathogenesis or significant cognitive disorders, cognitive and expressive limitations often stem from language deprivation. Indeed, the so-called “language deprivation syndrome” has been described as a possible neurodevelopmental disorder with well-established sociocultural origins [
16,
17].
In the context of hearing impairment, language deprivation is common and occurs in the absence of exposure to sign language necessary for acquiring such competencies, which severely impairs these individuals’ ability to understand and participate in judicial proceedings [
18].
Another legal challenge in the case of individuals with hearing impairment is their often low or absent educational level, and consequently, a lack of understanding of fundamental legal concepts and procedures [
18]. These informational deficits are consistent consequences of language deprivation and frequently occur in the context of low literacy levels, limited intrafamilial communication, and poor educational attainment-even when linguistic competence remains otherwise intact.
In forensic psychiatric evaluation, it is crucial to distinguish the type of hearing impairment-whether unilateral or bilateral, prelingual or postlingual-since comprehension of native language syntax, semantics, and grammar develops in children with normal hearing by the age of three, whereas in children with deafness, this level of comprehension may reach only around 30%. The presence of a hearing deficit presents lifelong challenges, placing such individuals at a significant disadvantage, particularly when attempting to understand or respond to judicial procedures [
19,
20].
Another important element in the forensic psychiatric evaluation of individuals with hearing impairment is the assessment of the etiology of the hearing loss-whether it is due to viral or infectious lesions affecting the brain, or traumatic injury. The genetic component, either as part of a syndrome or as a familial trait with hereditary patterns, influences both the assimilation and structuring of linguistic skills and the acquisition of language, including the specific communicative forms used by individuals with hearing impairments [
11].
- 7.
Competence of Forensic Psychiatric Evaluation Committees (Psychologists, Psychiatrists, and Forensic Physicians)
For hearing-impaired defendants, personality assessment and diagnosis of potential mental disorders should be based on a comprehensive history, a complete and accurate psychological and psychiatric examination (including validated, specific tests), and a targeted clinical interview. This interview should inquire about the individual’s schooling, family history, the context and timing of the onset of hearing loss, and any use of assistive hearing devices. Family history should consider the auditory health of the biological family, as well as its general capacity for intrafamilial and interfamilial communication, and specifically communication with the hearing-impaired person. For instance, a deaf individual born into a hearing family with poor communication skills is likely to experience feelings of isolation and underdeveloped linguistic abilities.
The type of educational program is also a key consideration. Deaf students placed in educational settings that are inaccessible in terms of communication are often less capable of developing age-appropriate social and behavioral skills compared to peers immersed in environments where they can acquire sign language or even a second spoken language.
Reports of abuse are more frequently encountered among hearing-impaired children, as is the incidence of anxiety-depressive disorders and the impact of bullying. These anamnesis data can contribute to interpersonal misunderstandings or paranoid ideation that may be causally related to the alleged offense and are therefore significant in the diagnostic evaluation process. The interpretation of symptoms specific to mental disorders requires careful questioning during the clinical interview with hearing-impaired individuals. In some cases, a direct and explicit form of communication is necessary to highlight signs and symptoms that may serve as relevant indicators of psychiatric illness.
The evaluator must be capable of interpreting the behavior and self-reporting of the deaf defendant from a culturally informed perspective, with a clear and objective understanding of the psychological effects associated with hearing impairment.
A flawed clinical assessment may lead to an incorrect psychiatric diagnosis and, consequently, a misjudgment of the individual’s criminal responsibility and an inappropriate legal classification of the offense. Hearing-impaired patients are at higher risk of such outcomes, particularly when the evaluator has no prior experience with deaf individuals.
Studies published in the specialized literature of the 1960s proposed several nosological entities to classify psychiatric pathology associated with deaf-mutism, including surdophrenia (Basilier) and primitive personality (Altschuler), characterized by extremely limited vocabulary, functional illiteracy, and minimal or nonexistent formal education. These studies compared the psychological profile of individuals with deaf-mutism to that of feral children.
The psychosocial outcome is reflected in impaired daily functioning and limitations in social, familial, and/or occupational capabilities, manifesting in significant difficulties performing even simple tasks. Deaf defendants may be considered unfit to stand trial and incapable of reintegration due to the cognitive deficits stemming from language deprivation, which prevents them from understanding basic legal concepts and terminology.
Since language is a cognitive skill, individuals who demonstrate developmental stagnation at a primitive personality level typically show mild cognitive impairment that can affect other areas of cognitive functioning as well, including general knowledge, reasoning, and behavior. Hearing-impaired individuals tend to respond well to concrete visual information but struggle to grasp abstract concepts such as good and evil, or personal responsibility-concepts that are essential to legal restoration and understanding the personal, social, and legal consequences of one’s actions [
17].
Recent studies published in the specialized literature identify a pathology consistent with language deprivation syndrome, characterized by deficits in adaptive behavior and behavioral skills akin to developmental stagnation at a primitive personality level. These deficits are attributed to the causal relationship between early language deprivation and increased vulnerability in social, behavioral, and cognitive domains. For deaf defendants, language deprivation syndrome may account for a lack of behavioral regulation skills associated with the alleged offenses, and for their perceived association with varying degrees of intellectual disability. In both diagnostic categories referenced above-discussed in current literature-language deprivation is the common underlying factor, seemingly causally linked to the skill deficits that can lead individuals into mental health assessment systems with potential legal consequences [
17].
Unfortunately, neither primitive personality development nor language deprivation syndrome is currently quantified or recognized in the DSM-5 or ICD-10/11 classification systems [
21], this concern being currently abandoned, underdiagnosed and undervalued.
According to findings published in the professional literature, individuals diagnosed with primitive personality disorder or language deprivation syndrome require the involvement of a specialized interpreter team to ensure that the accused fully understands the judicial procedures to which they are subjected. Such evaluation teams should include a certified deaf interpreter (a deaf individual whose first language is sign language) and a sign language interpreter, working together to guarantee that deaf or deaf-mute defendants comprehend what is being communicated and are able to express themselves adequately. In supporting the comprehension of a hearing-impaired or deaf-mute defendant, both interpreters collaborate to expand, clarify, and adapt the language being used. The consequence of language deprivation may lead to the determination that the hearing-impaired or deaf-mute defendant is unfit to stand trial.
On the other hand, recent research also suggests that deafness and associated language deficits may be contributing factors in the criminal behavior of hearing-impaired defendants. Some studies have indicated that deaf or deaf-mute individuals are more likely to commit violent or sexual offenses and less likely to engage in robbery [
23]. This has been attributed to the fact that robbery typically requires verbal confrontation and the articulation of demands to a potential victim-forms of interaction that presuppose functional language use-whereas other types of offenses do not necessitate such interaction. While not directly related to behavioral restoration, this research underscores the impact of language deficits on the actions of deaf defendants.