Transcript The case for Simultaneous Interpreting in the Legal Setting

The case for Simultaneous Interpreting in the Legal Setting
THE U.S. LEGAL SYSTEM OFFERS LANGUAGE SERVICES TO GUARANTEE THE RIGHTS OF
NON ENGLISH SPEAKING DEFENDANTS
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The interpreter in this setting is required not only to provide verbatim translation, but also to adhere to the
tone, pauses, hesitations, emotions, and all other elements of discourse. Most interpreters working for the
US Federal Courts, use simultaneous interpreting to translate for a defendant, and consecutive translation
for all other legal proceedings, including witness testimony and depositions (testimony under oath, outside
of the courtroom).
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Dr. Dueñas Gonzalez (Fundamentals of Court Interpretation) has formulated the concept of LEGAL
EQUIVALENCY, the notion that the message should have the same effect on the target language audience
as it did on the source language audience. We propose that this is easier done by using simultaneous
translation as the technique of choice throughout the entire legal proceeding, therefore rendering a real time
accurate translation while permitting all eyes to still focus on the speaker, not the translator.
There are multiple barriers to accomplish this:
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While all Federal Courts in the U.S. provide the necessary equipment to translate for a defendant, they
haven’t been set up to offer simultaneous translation into English.
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Deficient interpreting skills: many interpreters in practice today lack the skills necessary to use this
technique.
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Cultural barriers.
We have been using simultaneous interpreting during depositions, which allows for body language
to be appreciated. It is our recommendation that the simultaneous mode of interpreting be
used in all possible legal proceedings.
Pablo & Diana Donatti
IV Jornadas
sobre la Formación y Profesión
del Traductor e Intérprete:
Calidad y traducción - Perspectivas académicas y
profesionales
Universidad Europea de Madrid, Villaviciosa
de Odón (Madrid)
Consecutive Interpreting in the Legal Setting
Problems and caveats
“When questioning is done through an interpreter, attorneys lose
control over witness testimony, not only because the constant
switch between languages slows down the interrogation
process, but also because interpreters inadvertently alter the
pragmatics of questions as tools of manipulation.”
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Rigney, Azucena C
Forensic Linguistics, 1999, 6, 1, 83-108 /Cambridge Scientific Abstracts
The case for Simultaneous Interpreting:
A matter of style
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Real time, more accurate rendition of textual
message.
Allows the target audience to look at the
speaker, not the translator.
Enhances free flow of communication between
the attorney and the witness.
Lets the interpreter adhere to the tone, all
pauses, hesitations, emotions and all other
elements of discourse with more precision.