NCJ Number
141298
Journal
Vanderbilt Law Review Volume: 46 Issue: 1 Dated: (January 1993) Pages: 175- 196
Date Published
1993
Length
22 pages
Annotation
This note analyzes the deficiencies, both practical and conceptual, of the current system of court interpretation in the State and Federal court systems.
Abstract
The discussion first examines the statutory and constitutional bases for the right to a court interpreter, followed by consideration of the unfairness of the current system to non-English speaking defendants. A conceptual framework for an examination of court interpretation is then developed by drawing an analogy between hearsay and court interpretation and then applying the conceptual framework to the problem by analyzing what safeguards should be incorporated into the system based on how court interpretation might qualify as a hearsay exception. A number of reforms are proposed. The reforms suggested are an extension of the Federal Court Interpreters Act to State courts, the development of some form of certification for interpreters of all languages, checks on the work of interpreters, increased attention to the attraction of competent people to the profession of interpreter, and an absolute prohibition on interpretation by interested parties. 96 footnotes