I am currently working on multilingual proceedings and the role of the interpreter in criminal trials in France. There are certain problems that are intrinsic to language, the act of translation/interpretation and the demands and constraints of the legal setting. To make sure that the rights of non-native speakers are protected in interpreter assisted trials, some of the solutions proposed are preservation of the original, specialised training for legal professionals on working with interpreters and legal training for interpreters.
Would you agree with these solutions and/or want to add to them? Also, one of he counter-arguments is often over-burdening of the courts and the tendency to dismiss certain solutions as unpractical. Do you agree?
I do agree, and I would also add that if preserving rights is your goal, I would also keep in mind how the right to counsel is arguably jeopardized because court interpreters are generally available in court and on-the-record only. Meaning that a person needing interpretation did NOT have the services of an interpreter before or after they were in front of a judge, which I would argue deprives them of right to counsel if they were never able to consult with their attorney, make a legal strategy, discuss plea options, etc. BEFORE they need to say yes or no before a judge.
Absolutely! In France, I think it is mandatory to have an interpreter at every stage of the penal procedure thanks to National and European legislation on the subject since 2010. However, since those stages are not accessible to researchers and remains very opaque, we don't know how efficient they are.
We recognize the critical role that court interpreters play in ensuring fair and accurate legal proceedings. Providing comprehensive legal training for court interpreters is essential to uphold justice and maintain integrity within the legal system. By equipping interpreters with specialized legal knowledge and skills, we enhance their ability to effectively convey accurate interpretations, safeguarding the rights and understanding of all parties involved. Embracing this initiative not only improves the quality of interpretation but also promotes fairness and accessibility in our judicial processes.
Absolutely, yes. The necessity of freely training interpreters in legal translation for criminal trials and other court proceedings is crucial for ensuring justice. A well-trained interpreter can accurately convey legal terminology, nuances, and cultural contexts, which is vital for fair trials. Insufficient training can lead to misunderstandings, miscommunications, and ultimately, miscarriages of justice, especially in high-stakes environments like criminal courts.
Training is definitely very important but what do you think the training should include? I find a lot of instances of racism coming from the interpreters even if they belong to the same community as the person they are translating for. So I feel like training the interpreters in only the judicial procedures and terminology might not be enough.
If you know what is included in the court-interpreter training syllabus in your country, I would love to know about it.
The second point is that training of interpreters is often language based so if you work in Spanish in the United States or in Arabic in France, you would have the opportunity to get trained. But anyone translating in less-in-demand languages like Bulgarian, Hindi etc. would not have the same access to training. Where does that leave speakers of those languages in criminal trials?
the subject of racism coming from interpreters is out of the scope of legal translation but it may impact the sentiments of the interpreter accordingly. On the other hand, in response to your question, ethics, professionalism, and credibility are included in the court interpreter training syllabus in my country. As for the second point, I think you were referring to international widespread languages versus narrowly confined ones that have their own skilled local interpreters. That interpreter must be subjected to continuous professional development to be in alignment with global up-to-date and stay abreast of best practices and evolving legal standards.
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