INTERPRETERS FOR THE DEFENSE - DUE PROCESS FOR THE NON-ENGLISH-SPEAKING DEFENDANT

• NCJ Number: 27743
• Journal: California Law Review Volume: 63 Issue: 3 Dated: (MAY 1975) Pages: 801-823
• Author(s): W B C CHANG; M U ARAUJO
• Date Published: 1975
• Length: 23 pages
• Corporate Author: University of California
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE AUTHORS OF THIS COMMENT CONTEND THAT THE COMMUNICATIONS PROBLEMS OF NON-ENGLISH-SPEAKING INDIGENT DEFENDANTS CAN BEST BE SOLVED BY THE APPOINTMENT OF COURT-COMPENSATED INTERPRETERS.

Abstract

THREE TYPES OF COURT INTERPRETERS ARE IDENTIFIED AND DISCUSSED: THE WITNESS INTERPRETER (WHO MAKES THE QUESTIONING OF A NON-ENGLISH-SPEAKING WITNESS POSSIBLE); A PROCEEDINGS INTERPRETER (WHO FACILITATES THE NON-ENGLISH-SPEAKING DEFENDANT'S UNDERSTANDING OF THE COLLOGUY BETWEEN THE ATTORNEYS, THE WITNESS, AND THE JUDGE); AND THE DEFENSE INTERPRETER (WHO ENABLES THE NON-ENGLISH-SPEAKING DEFENDANT AND HIS ENGLISH-SPEAKING ATTORNEY TO COMMUNICATE). THIS COMMENT FOCUSES ON THE FUNCTIONS OF PROCEEDINGS INTERPRETERS AND DEFENSE INTERPRETERS. THE AUTHORS ARGUE THAT THE REQUIREMENTS OF EQUAL PROTECTION AND DUE PROCESS MANDATE A CONSTITUTIONAL RIGHT TO INTERPRETERS PERFORMING THESE TASKS FOR NON-ENGLISH-SPEAKING DEFENDANTS. ALSO CONSIDERED IS THE ADEQUACY OF STATUTORY RESPONSES TO THE PROBLEM OF THE NON-ENGLISH-SPEAKING DEFENDANT. IN ADDITION, THE TRADITIONALLY UNRECOGNIZED IMPORTANCE OF THE DEFENSE INTERPRETER AND THE POSSIBLE ALTERNATIVE OF THE BILINGUAL ATTORNEY ARE DISCUSSED. (AUTHOR ABSTRACT MODIFIED)