Individuals with brain injury often have challenges with written and spoken communication. There is a common misperception that the communication challenges will be obvious, such as the person having slurred speech or an inability to speak (Yuhasz 2013), but this is rarely the case. Most often, the communication challenges associated with brain injury are subtle to the listener but profoundly disabling to the person with brain injury.
Individuals with brain injury are often compromised in their ability to actively participate in, and advocate for themselves in the context of the criminal justice system. Frequently, this is due to their cognitive, written, spoken and social communication impairments. In some cases, these impairments may underlie the reasons for, or be contributing risk factors, to justice involvement.
The communication challenges associated with brain injury are referred to as cognitive-communication disorders, because they are symptoms of underlying impairments in cognitive functions.
Cognitive-communication disorders are difficulties in:
Underlying cognitive impairments that cause cognitive-communication disorders include impairments in:
Some types of cognitive- communication disorders include:
Social Communication Disorders
Social communication disorders refer to difficulties with knowing the right thing to say, in the right (socially acceptable), way at the right time. It refers to the ability to adapt one’s conversational style, non-verbal communication and language according to the context and, relationship with the speaker. For example, being able to speak in a thoughtful, respectful manner with a judge or a police officer as compared to how one would speak to a friend where we can be less formal, make jokes and use different language. Many people with a brain injury also have difficulty understanding jokes, and with emotion recognition. They can’t always tell when another person is being truthful, is angry or teasing. As a result, they are at risk of being exploited and abused. (Byom et al., 2020, Wiseman-Hakes et al., 2019, 2020).
Social communication disorders are also heavily influenced by cognitive-communication disorders and executive functions. For example, difficulties with reasoning and executive functions can result in a person saying the wrong thing at the wrong time and not being able to control explosive emotions and impulsive responses. Social communication disorders can also be exacerbated by the mental health challenges and history of trauma experienced by many people with brain injury who intersect with the criminal justice system.
Among justice-involved persons with brain injury, cognitive-communication impairments are often exacerbated by;
Language and Literacy Impairments
Many individuals who intersect with the criminal justice system come from socially disadvantaged families and communities (Clark et al., 2010), and are at risk for impoverished early language and emergent literacy experiences (Roy & Chiat, 2013; Spencer, Clegg, & Stackhouse, 2012). As a result, the cognitive-communication and social communication impairments associated with brain injury are superimposed on language and literacy impairments. (Snow et al., 2019, 2016, 2011; Davies et al., 2012).
Specific challenges in justice-involved populations include having a limited vocabulary, difficulty understanding the meaning of complex words and complex sentences, and poor reading and writing abilities. This puts the person at a distinct disadvantage in navigating the justice system and acting in their own interests, and further limits later employment and community integration.
Hearing and Auditory Processing Impairments
Many people with brain injury have auditory processing deficits (Atcherson et al., 2016, Vander Werf 2017), which are deficits in the brain’s ability to make sense of the rapid incoming auditory signals of speech (ASHA, SAC). People with brain injury also may be unable to block out sounds in the environment because of problems focusing auditory attention. Brain injury also can cause a hearing loss (a reduced ability to detect sounds), especially if they have a history of being hit repeatedly in the head and face. Hearing may sometimes be better in one ear than in the other. Complicating the effects of hearing loss is tinnitus, or ringing in the ears, which can be distracting in listening situations and also can negatively affect mental health. These hearing and auditory processing disorders are often undiagnosed.
Communication, Anger and Aggression
Some people with brain injury have significant challenges with anger management. They go from “0 – 100” with little warning and have difficulty controlling these extreme emotions. In addition to heightened emotion and lack of impulse control, this can also be a reflection of lack of emotional vocabulary and lack of the communication skills needed to express themselves in more appropriate ways. It is not uncommon for anger and aggression to be interpreted as anti-social behaviour. However, unidentified communication challenges are often a contributing factor. Research has shown that once other people are informed about the communication difficulties their perception of the ‘issues’ changed, to an understanding of unidentified and overlooked needs rather than previously understood ‘anti-social’ behaviours (Winstanley et al., 2018).
Limitations in language superimposed on brain injury-related cognitive-communication impairments are also exacerbated by the mental health challenges often experienced by those with brain injury. (Wiseman-Hakes et al., 2020). Not surprisingly, more than one in five people who access mental health and/or addictions services (MHA) have a history of brain injury. (Hwang et al., 2008)
Stress and Self Confidence
Most individuals with brain injury are aware of their challenges in a general sense, even if they do not recognize their specific limitations. They recognize that when they are under stress, their ability to communicate is even more challenged (as is true for everyone). People with brain injury also, however, feel the stigma of labels (Ponsford et al.,2014) and worry that others will perceive them as ‘stupid’. The distinction between specific cognitive and communication challenges and overall intelligence is very important to acknowledge, because having a brain injury does not necessarily mean a person is less intelligent. A brain injury can cause a person to be slower at listening, understanding, thinking and responding; however, with support, rehabilitation, education, environmental modifications, and communication partner training, people with brain injury can live successful and meaningful lives and contribute to their communities and society.
These communication problems can have major negative consequences for individuals with brain injury at all stages of the criminal justice procedures and beyond (e.g., in recidivism rates).. ‘Every stage of criminal justice involvement involves complex social interactions that typically require high-level and fast-paced processing of information, understanding, and responding – from interactions with police, front-line workers, and probation and parole officers; to formal proceedings such as hearings and trials; to participation in extrajudicial programs. (Wszalek & Turkstra, 2015)
Communication problems associated with brain injury are barriers to participation in the criminal justice system. For example, adults with moderate-severe brain injury are significantly less accurate and slower in their understanding of written legal language when compared to adults without brain injury. (Wszalek & Turkstra 2019)
Communication problems such as;
Can be barriers to understanding legal terms such as:
Moreover, social communication challenges such as these:
Are often misinterpreted as:
(Snow & Powell 2012)
What can legal professionals do to support individuals with brain injury?
First and foremost, it every person’s legal right to have support for any communication disability under:
The following strategies can be employed to support and facilitate communication:
The following Strategies can be employed to support individuals with Literacy difficulties
Questions to ask your client to determine if literacy is an issue:
If Literacy Challenges are present:
Support Strategies for Literacy Challenges
Apple Store app: seeing ai
Android Google Play Store: @voice Aloud Reader
A Communication Intermediary supports victims, witnesses and accused people who have speech, language and communication disabilities, to understand information questions and to communicate their messages as accurately, authentically and completely as possible when communicating with police, legal or justice professionals.
In Canada, the term Communication Intermediary is a qualified Speech-Language Pathologist who has additional training from Communication Disabilities Access Canada (CDAC) to support people communicating in justice situations.
Communication Intermediaries work in a similar way to sign language interpreters however, they use different techniques to support people who have communication disabilities due to cerebral palsy, autism spectrum disorder, cognitive disabilities, fetal alcohol syndrome, acquired and traumatic brain injury, learning disability, stroke, dementia, ALS, Parkinson’s Disease and other disabilities that can affect communication.
Similar to other accessibility services, such as sign language interpreting, communication intermediary support is an essential accessibility service that falls under the duty to accommodate legislation in Human Rights Codes, provincial and federal accessibility acts and the United Nations Convention on the Rights of Persons with Disabilities. As an accessibility accommodation, communication intermediary services are sourced and paid for by police, legal or justice services to ensure that victims, witnesses and accused can effectively communicate when using their services.
A Communication Intermediary conducts a communication assessment to determine what the person needs to understand questions and to communicate his or her responses; writes a report on the person’s communication abilities and documents any required communication aids and supports; explains the person’s communication needs to police, legal and justice professionals and provides direct communication support within all stages of the justice process.
To find a communication intermediary, go to CDAC national database or contact The Ministry of the Attorney General’s Diversity, Inclusion and Accessibility Office.
For more information on communication intermediaries, please visit the CDAC Resource Page here.
For information on CDAC and issues relating to communication access, legal capacity and social justice for people with disabilities that can affect communication visit the CDAC website.
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