Transcript Promoting Accurate and Effective Communication with

Promoting Accurate and
Effective Communication with
Limited English Proficient Persons:
Law Enforcement
and
Community Safety Benefits
Albuquerque Police Department LEP
in collaboration with
Mayor’s Sexual
and
Domestic Violence Taskforce
Collaborative Parters:
New Mexico Asian Family Center
Elena Giacci, Enlace Comunitario, National
Immigrant Women’s Advocacy Project
(NIWAP),Washington College of Law
American University, & Asian and Pacific
Islander Institute on Domestic Violence
Demographics
What Languages do the
Victims and Witness
You Work With Speak?
New Mexico – Demographics (2011)
Total foreign born population – ~199,903
 9.8% of the state’s 2.04 million people is foreign born (@200,000)
Of this population:
~32% naturalized citizens
~68% non-citizen status (permanent residence, temporary
legal status or undocumented)
41.1% rise in immigrant population from 2000 to 2011
Source: http:www.migrationinformation.org/ (August 2013)
6
New Mexico – Demographics (2011)
Proportion of new immigrants
27.1% entered in the 1990s
35.1% entered 2000 or later
21.1% of children in the state have 1 or more
immigrant parents
85.2% of children with immigrant parents in
the state are U.S. citizens
NM – Countries/Regions of Origin
(2011)
Country/Region
Percentage
Mexico
71.4%
Germany
2.5%
India
2.2%
Caribbean
2.2%
China mainland/HK/Taiwan
2.0%
Cuba
1.9%
Philippines
1.7%
Canada
1.6%
United Kingdom
1.3%
El Salvador
0.9%
*Source: http://www.migrationinformation.org/datahub/state.cfm?ID=NM
% of “speak English less than
‘very well’”
Top 10 Languages
Spanish
Navajo
Native North American
languages
German
French
Chinese
78.3%
9.1%
28.1%
20.1%
4.8%
1.1%
0.7%
0.6%
10.8%
20%
9.4%
54.1%
Top 10 Languages
Vietnamese 0.5%
Japanese 0.4%
Arabic 0.3%
Taglog 0.3%
65.2%
28.2%
22.8%
22.6%
Top native American Languages
Keres
Tewa
Tiwa
Towa
Zuni
Navajo
Southern Athabaskan –Jicarrilla
Mescalero Apache (derivative of Southern Athabaskan)
Emerging Languages: Refugee
Populations*
Cuban
Somali
Arabic – Iraq
Pashto
Urdu
Farsi
Dari
* Information provided by Catholic Charities
LEP Definition
DOJ LEP Definition
Individuals who do not speak English as
their primary language and who have a
limited ability to read, speak, write, or
understand English can be limited English
proficient, or "LEP." These individuals may
be entitled language assistance with respect
to a particular type or service, benefit, or
encounter.
Deaf
Deaf (upper case ‘D’) refers to an identity with its
own culture, language, and diverse communities;
‘deaf’ refers to a physical condition/ impairment.
Deaf and hard of hearing often appear as a
disability issue, but also is a language issue.
Conversation about proficiency
Effect of Trauma
Languages that do not have words for certain crimes
Rape
Sexual assault
Cultural taboos about discussing sex and sexual
violence
Source of Law Slide
Civil Rights Act of 1964 Title VI No person in the
United States shall, on the ground of race, color, or
national origin, be excluded from participation in, be
denied benefits of, or be subjected to discrimination
under any program or activity receiving financial aid
assistance
Source of Law Slide
Law governing National Origin and LEP Exec Order 13166
 Federal Agencies providing financial assistance must
provide recipients with guidance on obligations to provide
meaningful access
 Federal agencies must ensure meaningful access and
develop plans to carry out meaningful access
Source of Law Slide
Crime Control Bill
DOJ Regulations
ADA
New Mexico Constitution
Article 2 Section 14
Article 7 Section 3
DOJ Model Guidance
Police provide free language access to
LEP persons who request it
When officer decides it is helpful to the criminal investigation
or prosecution
Police will inform members of the public that language
assistance is available free of charge
Language access provided in persons primary language
From: DOJ Sample p. 1-2 – Policy
DOJ Model Guidance
Primary language means
Native tongue
Language in which the individual most
effectively communicates
Translation – written
Spanish, Chinese, Dine, Vietnamese, Korean
DOJ Model Guidance
Interpretation - oral
Act of listening to a communication in one language
and orally converting it to another language while
retaining the same meaning
Consecutive
Simultaneous
Sight
Bilingual Interpreter Resources
Bilingual officers
Certified by Albuquerque HR
Telephonic: Pacific Interpreters
Community Resources
Contract/Volunteer
Bilingual Interpreter Resources
Interpreter vs. Bilingual person
Interpreter is a trained professional
Bilingual person does not have interpretation
skills
Procedures: Officer Request
Officer in the field can request an interpreter from their
supervisor to facilitate communication
LEP person requests
Perpetrator is LEP
Officer identifies the need
Procedures: Officer Request
Is there effective communication with a person
who has a limited ability to read, write, speak or
understand English
Role of culture in this determination
Scenarios:
To Identify Language Needs
How does an officer
secure the scene?
Securing the scene
Who is the perpetrator?
Is the offender present?
Where is the offender ?
Does the perpetrator have a weapon?
Is there a weapon in the house?
Where is it?
Is anyone injured?
Who ?
How do you obtain this
information
Could you ask these questions and still
not know if the person is LEP?
Who needs Interpretation Assistance
Hypothetical scenario interactive activity
Good questions to ask someone you think may be
LEP – context
Goals put the person at ease and officer access
English language communication abilities before
getting into the actual case
How do you know whether the persons you
are speaking with are LEP
Crime scene at someone’s house
Describe the layout of your house
Crime scene in public or traffic stop
Where are you going
How are you going to get there
How do you know whether the persons
you are speaking with are LEP
Come to the station to make a report
Domestic violence
Tell me how your day began
Sexual assault
Exigent Circumstances
Use the most reliable temporary interpreter
available to address exigent circumstances
Fleeing suspect
Weapons
Life threatening to the officer /victim/or public
Exigent Circumstances
Once exigency passes
Seek an interpreter
Bilingual personnel HR approved
Pacific interpreters
Contract /volunteer interpreters
Use of Family, Friends, Bystanders
in Exigent Circumstances For
Securing the scene
Informal interpretation, AND
Non-confrontational contexts
Use of Family, Friends, Bystanders
in Exigent Circumstances For
Only to obtain basic information at the request of the
LEP victim
Ideally after determining that the friend, family or
bystander is
Not the perpetrator
Not the perpetrators family member or friend
What are the concerns about using a friend,
neighbor, family member, bystander to
interpret?
Why children should not interpret
They are possible witnesses to the incident
Words and concepts may be difficult to understand
that the officer uses
Interviewees are not likely to be forthcoming with
officers if a child is interpreting
Interpreting could put the child at risk from the
Why children should not interpret
The child may lie about the interpretation
Statements and police reports interpreted by
children will be challenged in court by the
perpetrator
Putting the child in such a circumstance can be
harmful to the child’s emotional development
Barring exigent circumstances should not
use children
Short time frame only
Life threatening emergency
Examples
Tell EMT what hurts
Fleeing perpetrator
Only questions related to securing the scene
After situation is secured obtain an interpreter
Children
How might interviewing the child instead of
getting an interpreter to interview the adult
affect the criminal case?
Children
Be aware of the difference between
…interviewing an English speaking child at the
scene and
…having that child interpret for interview of
others
How Interpretation Benefits to Law
Enforcement
How will it affect case outcomes?
Affects case outcome, avoids
Case being dismissed
Lesser charge
Conviction overturned
Prosecutor decides not to prosecute
How Interpretation Benefits to Law
Enforcement
Improves officer safety
Correctly identify victim and perpetrator
Primary aggressor determination
LEP persons with interpreters are better able to
follow law enforcement directions
Improves integrity and quality of the investigation
Reduces impeachment evidence at trial
Why is accuracy of information
important
Better statements for prosecution
More likely to get accurate statements from LEP
person at the scene due to accurate interpretation
Prosecutor has solid statement should the victim
recant
Reduces number of times victim will need to be
interviewed to clarify “inconsistencies”
Language identification
I need an interpreter – I speak Cards
Sample of language cards
UNIVita tool Add web address
Need on-line capacity
Using an interpreter in the context of
a criminal investigation
Officer responsible for
The investigation of a case
Interrogations
Controlling actions in the case
Using an interpreter in the context
of a criminal investigation
Interpreter is
A third party neutral conduit for communication
Not there to investigate only to communicate
Ensuring interpreter impartiality
Screen for conflict of interest
Where is the interpreter from?
Does the interpreter know the parties or
witnesses?
Confirm that they follow the interpreters
code of ethics
Ensuring interpreter impartiality
Ask the LEP person if they
Know the interpreter?
Are comfortable with this person interpreting?
If they are not comfortable contact supervisor
to seek another interpreter
Via telephone or other resource
If you are a bilingual officer serving
as an interpreter
I am here as an agent of the APD
I do not represent your interests
This interview is not confidential
My primary role is to interpret for the investigating
officer
If you are a bilingual officer serving as
an interpreter
Everything that is said I will interpret
I am assisting in the investigation and I am interpreting
This role is different than when a bilingual officer is
conducting an interrogation with an offender who speaks
their language
Interpreter Code of Ethics
1. Accuracy and Completeness
2. Representation of Qualifications
3. Impartiality and Avoidance of Conflict of Interest
4. Professional Demeanor
5. Confidentiality
6. Restriction of Public Comment
7. Scope of Practice
8. Assessing and Reporting Impediments to Compliance
How to work with an in-person
interpreter
Officer explains to the LEP person the role of the interpreter in the
interview:
Interpreter is a neutral person
The interpreter will not insert his or her perspective into the
communication
The interpreter will ONLY interpret and not provide advice
How to work with an in-person
interpreter
Everything said will be interpreter
Interpreter will not independently question the
LEP person
Take identification information from the
Interpreter
Before Working with an Interpreter
Inform the interpreter of any special terminology
used in the case
Interpreting traumatic events
Ask the interpreter if he/she know terminology for
body parts and the confirm that he/she is
comfortable interpreting
Trauma
Torture
Before Working with an Interpreter
Prepare interpreter to sight translate by
notification in advance
* remain with the interpreter and party
during sight translation
Working with an interpreter
1. Everything will be interpreted – false starts,
mumbling, cursing and thinking out loud. This
includes you and the client.
2. Explain all is confidential – Interpreters are
covered under Atty/client privilege.
3. Maintain pauses and hand signals to regulate the
speaker.
Working with an interpreter
1. Conduct team interpreting for events more than two
hours.
2. You will need to explain and break down the legal
concepts.
3. Do not give the interpreter any explanatory responsibilities
Tips for working with an
interpreter
Speak directly to the LEP person
Do not speak to the interpreter
Use
st
1
person language
Speak slowly, even pace, and short segments
Do Not Ask the Interpreter for opinion or
advice
Tips for Working with an Interpreter
Avoid using technical terms, slang, or
abbreviations
Instruct LEP person to think about what
they are saying and not be distracted by the
interpreter
Be in control of the conversation
POP QUIZ
1. It’s okay for the interpreter to summarize the client’s words
2. APD officers interpreting and interpreters are pretty much the same
3. An interpreter is a cultural broker, it is best to ask the interpreter for his or
her opinion.
POP QUIZ
1. You can tell the interpreter to interpret certain things or
to omit certain statements during the meeting
2. A qualified interpreter should provide his/her opinion
regarding English proficiency of the LEP individual
Standard Procedures Still Apply
Take photos or contact officer if they develop bruises
Provide information about available resources in
available languages for victims
Documenting further contact from the offender
Provide the officer more details when they remember
more
Signs of Interpretation Problems
Does the LEP person look confused?
Does the interpreter look confused?
Is the interpreter engaging in side conversations?
Is there a change in the LEP persons demeanor?
Can you understand what the interpreter is saying ?
APD Procedure for Accessing
Telephonic Interpretation
[ to be filled out by APD ]
Telephonic Interpretation
Know how to call Pacific interpreters
Use a speaker phone
Control for extraneous noise around you
Perform a sound check to make sure officer,
interpreter, LEP person can hear
Telephonic Interpretation
Direct all to speak into the microphone
Screen for neutrality
Write down the interpreters ID number
and language spoken
Evaluation
How will we evaluate