How to Effectively Use an Interpreter in Defending a

Download Report

Transcript How to Effectively Use an Interpreter in Defending a

How to Effectively Use
an Interpreter in
Defending a
Federal Criminal Case
Cathy Betancourt, Certified Spanish Interpreter
Jeanette Alvarado, Assistant Federal Public Defender
Office of the Federal Public Defender, D. AZ (Phoenix)
Materials Provided by Scott Loos, Maricopa
County Superior Court, Court Interpreter
Coordinator/Team Developer, M.A., AOUSC
Certified
10 Myths about Court Interpreters

1. Interpreter and translator are just two different
words for the same thing.

2. Anyone who speaks two languages is, by
extension, an interpreter.

3. Interpreters need no preparation to perform in
specific setting: you just plug them in and everything
will come out just perfectly. After all, they’re just
talking.
Materials Provided by Scott Loos, Maricopa
County Superior Court, Court Interpreter
Coordinator/Team Developer, M.A., AOUSC
Certified

4. There is only one possible interpreted version
that can be made of a statement from any one
language to another.

5. A word-for-word version in the foreign language is
the goal of any interpreter.

6. The faster the interpreter produces the foreign
language version, the more skilled s/he is.

7. No matter how one expresses one's self in
English, the interpreter will see to it that the nonEnglish listener captures one's meaning.
Materials Provided by Scott Loos, Maricopa
County Superior Court, Court Interpreter
Coordinator/Team Developer, M.A., AOUSC
Certified

8. The fact that the non-English speaker responds
"yes" to the question "Do you understand what I have
said?" automatically means that the English speaker's
message has hit its mark.

9. Since the person has some credential in the field,
this means they must be the be-all and end-all of the
field and no other assessment needs to be made.

10. The fact that the non-English speaker is
comfortable chatting with the interpreter and the
interpreter is apparently explaining things to the
non-English speaker bodes well for the case.
Materials Provided by Scott Loos, Maricopa
County Superior Court, Court Interpreter
Coordinator/Team Developer, M.A., AOUSC
Certified
ethnicity
gender
geographic
origin
race
age
Financial
status
Language
education
Social stratum
religion
nationality
politics
Materials Provided by Scott Loos, Maricopa
County Superior Court, Court Interpreter
Coordinator/Team Developer, M.A., AOUSC
Certified
Cultural Issues Impacting Communication


















Perception of time measurement; punctuality; comparisons
Human Contact; Handshakes/touching
Eye contact
Government; Police; Bribery
Importance of family; Friendship
Marriage vs. common-law
Names
Truth
Religion
Curse words
Humor; Sarcasm
Formality vs. informality
Masculinity vs. femininity
Social strata
Race vs. ethnicity vs. national heritage vs. nationality
Respect
“You” treatment
Nonverbal communication
Materials Provided by Scott Loos, Maricopa
County Superior Court, Court Interpreter
Coordinator/Team Developer, M.A., AOUSC
Certified
Avoid ellipses
I have a conflict [of interest].
You're charged with alien in possession [of a firearm].
If you go to trial [and you’re found guilty], you’re looking at 10
years.
Avoid
acronyms and
initialisms
The mat wits in your case will be deposed.
Once you get to BOP…………
At the prelim I told you that we'd have to wait and see.
Avoid internal
slang/
Courtroom
speak
They stipped to the low end of the guideline range.
You’re a B-2.
You’ll be violated if you come back.
When were you IAed?
Avoid idioms
unless you
know the
interpreter
has an
equivalent in
the target
language
We’ll cross that bridge when we come to it.
The writing is on the wall.
Old dogs don’t learn new tricks.
Materials Provided by Scott Loos, Maricopa
County Superior Court, Court Interpreter
Coordinator/Team Developer, M.A., AOUSC
Certified
Don’t assume
the statement
will make
sense only
because it is
being
interpreted;
give an
explanation
They've made you an offer.(an offer to do what? who are 'they?')
You can take the offer (meaning what?) or you can go to
trial.(meaning what?) If you go to trial, you're looking at 5 years
(no matter what or only if I lose?)
American
concepts not
necessarily
clear to
foreign
nationals
Jury trials
Plea agreements
Supervised release vs. Probation vs. Parole vs. Pretrial release
Be conscious
of register
Sir, please recount for us, all of the exchanges you undertook during
your sojourn
When law enforcement contacted you, how did you respond?
Materials Provided by Scott Loos, Maricopa
County Superior Court, Court Interpreter
Coordinator/Team Developer, M.A., AOUSC
Certified