When They See Us
In light of a new series, When They See Us, A Pinch Of SaLT looks further into the role of speech and language therapists in the Justice System.
When They See Us has recently aired on Netflix. The Docuseries follows the story of the Exonerated 5, a group of young men of colour, who were wrongly convicted of a rape they did not commit. For more information, see iMDB...or just watch the series...with tissues. Expect serious tears.
The Docuseries has caused outrage among the public, who are rightly infuriated by the lack of justice and loss of these boys youth, innocence and the subsequent impact of the case on their lives.
Although most viewers would recognise the racism, coercion, bullying tactics and other brutal interrogation strategies used, it is the speech and language therapists who watch as these young men are asked questions they don’t understand, with vocabulary they do not know, which ultimately results in inaccurate evidence, used to jail them for up to 12 years. The Docuseries captures this perfectly, as the words of the courtroom and precinct baffle one young man in particular, Korey Wise. He’s asked why he is truant or told turn profile he does not understand these words and many of the other questions asked of him in the courtroom. This is painful to watch, and as SLTs we know that there is a trained professional who could intervene and reduce the communication breakdown that is ultimately the partial cause of their incarceration.
A Registered Intermediary (RI), for those who don’t know, is a communication specialist (typically speech and language therapist) who helps the witness or defendant with communication. They are provided under special circumstances, following the Youth Justice Act (1999). The RI can help the defendant to understand the questions being asked by the lawyer, and can assist them in answering those questions. They can help them in court, to understand what is going on, and help the court to understand their answers. The role therefore allows the police to gather more accurate evidence, which may have previously been unusable due to the individuals impairments in communication.
So, why doesn’t everyone have an intermediary? If at least 60% of youth offenders present with communication difficulties (The Communication Trust), then surely the best outcome would be that they are automatically provided this service, especially on first offence. Unfortunately, it is not that simple. There is a huge shortage of RIs in the U.K. A recent review of the provision of these professionals (January 2018) has found multiple issues with this service and concluded that it is fast becoming a postcode lottery. A key example of this being the number of requests for an RI in Cumbria, is five times higher than the number made in London (per 1000 crimes). Far more concerning, was the finding that not all vulnerable individuals were being offered the services of an RI. There has been a ‘fourfold’ increase in the requests for RIs, and despite this, there has been no increase in the recruitment of these vital professionals, leaving a staggering 250 cases per year, where an RI is requested and not received.
“Equal access to justice must be a primary objective of our justice system.”
The answer is a simple, but costly one. There is a dire need for increased recruitment of RIs. The current wait time is up to four weeks, which means some police go ahead with interviews before the defendant or witness has this vital means of communication support. Furthermore, the current RIs are poorly managed, there is confusion over when to request them, who is responsible for paying them and general lack of support. The recruitment process, is also a lengthy one and requires the RIs to pay the costs of their training, travel and any other expenses involved in fulfilling the job requirements. This may deter many potentially invaluable employees.
This review reveals some staggering statistics, and those statistics could turn into more young people being wrongly convicted, key evidence being missed due to communication needs, or young people getting into further trouble due to breaking parole regulations that they have not understood. We have all sat through episodes of True Crime, Suits and now, When They See Us. Sitting on the sofa in the comfort of our own homes, and even then there may be the occasional word we do not understand. Now imagine being a young person with communication needs, in a courtroom or police station. Surrounded by unfamiliar adults, who are all speaking a language you barely understand. When they do not respond, they may be perceived as uncooperative, when they give short answers they may seem reluctant, when they became frustrated they may be labelled as aggressive. This can, and must stop.
“A Registered Intermediary gives a voice to the voiceless.”
(Please note, this article is a focus on the communication difficulties observed in the Docuseries. The story of the Exonerated Five, is ultimately one of systematic racism and injustice inflicted on five teenage boys by the Police System and Prosecutors).
Information Sourced From:
Section 29 Youth Justice and Criminal Evidence Act 1999
Section 109(1) Coroners and Justice Act 2003 OP v Secretary of State for Justice & Others (2014) EWHC 1944 (Admin) (back)
A Review into the Provision of Registered Intermediaries For Children and Vulnerable Victims and Witnesses (January, 2018) https://s3-eu-west-2.amazonaws.com/victimscomm-prod-storage-clhgxgum05k1/uploads/2018/01/Voice-for-the-Voiceless-.pdf