The Deaf: Their Position in Society and the Provision for Their Education in the United StatesBest, Harry
History
The Deaf: Their Position in Society and the Provision for Their Education in the United States
Best, Harry
Deaf -- Education -- United States; Deaf -- United States
Collect statistics of the deaf, ascertain what trades or occupations
are most suitable for them and best adapted to promote their
interests, ... use [its] best efforts to aid them in securing such
employment as they may be best fitted to engage in, keep a census
and obtain facts, information and statistics as to their condition
in life with a view to the betterment of their lot, and endeavor to
obtain statistics and information of the conditions of labor and
employment and education in other states with a view to promoting
the general welfare of the deaf in this state.
Such legislation may prove highly beneficial to the deaf, not only in
rendering very desirable aid to them, but also in offering means of
learning very important facts as to their condition.
TENOR OF COURT DECISIONS AFFECTING THE DEAF
The opinions of the courts of law in regard to the deaf have, as we have
noted, rather revolved upon the mental capacity of the deaf in certain
proceedings, and upon their competence in certain legal relations. These
judicial expressions have in the main referred to four relations of the
deaf in the law: 1. in their responsibility for crime; 2. in acting as
witnesses; 3. in requiring guardians; and 4. in the making of wills and
contracts generally.
As to the responsibility of the deaf man for his misdeeds, there has
been in times past more or less presumption against it, especially if he
were born deaf and were without education; but to-day he is quite
generally held fully answerable for his crimes and misdemeanors, and his
deafness cannot mitigate his punishment.[89] As a witness, the deaf man
under proper circumstances is now allowed to appear without hindrance
before virtually any court.[90] As to special guardians, these will be
accorded the deaf when there appears sufficient need, though there is
less of this than formerly.[91] With respect to the testamentary
capacity of the deaf, we find that in times past the deaf were often
said to be more or less incapable of making wills, though this
presumption could always be overcome. Naturally their wills were
subjected to considerable scrutiny for the purpose of preventing fraud;
but if written and apparently genuine, they could usually stand. To-day
the deaf are practically everywhere held to be quite capable in this
respect, and probably nowhere would a will be set aside for reason of
the deafness of the testator alone. Likewise the deaf are now generally
held capable of entering into all contractual relations.[92]
PRESENT TREND OF THE LAW IN RESPECT TO THE DEAF
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