NCJ Number
17961
Date Published
Unknown
Length
296 pages
Annotation
ANALYSIS OF THE ISSUE OF INTERPRETER SERVICES IN LIGHT OF THE NATIVIDAD DECISION AND STATE AND FEDERAL INTERPRETATIONS OF THE CONSTITUTIONAL RIGHTS WHICH FORM THE BASIS OF DUE PROCESS IN CRIMINAL PROSECUTIONS.
Abstract
THIS 1974 RULING OF THE ARIZONA SUPREME COURT ESTABLISHED A BROAD TEST FOR THE RIGHT TO INTERPRETER SERVICES. THE COURT RECOGNIZED THE AFFIRMATIVE DUTY OF THE TRIAL COURT TO DETERMINE WHEN AN INTERPRETER IS REQUIRED TO PROTECT THE CONSTITUTIONAL GUARANTEES OF RIGHT TO COUNSEL, RIGHT OF CONFRONTATION, AND RIGHT TO BE INFORMED OF THE CHARGES. THIS REPORT EXAMINES THESE BASIC RIGHTS, THE STAGES IN THE CRIMINAL PROCESS WHEN THE INTERPRETER REQUIREMENT APPLIES, AND THE CRITERIA THAT DETERMINE WHICH CRIMINAL DEFENDANTS ARE ENTITLED TO AN INTERPRETER. DISCUSSED ARE SYSTEM AND ORGANIZATIONAL DYNAMICS, LANGUAGE TRANSACTION OBSERVATIONS, CONCLUSIONS, AND RECOMMENDED PROCEDURAL OUTLINES, A PERSONNEL REPORT, AND STANDARDS, TRAINING, AND EXAMINATION OF BILINGUAL AND JUSTICE INTERPRETER EMPLOYEES. MODEL RECOMMENDATIONS AND IMPLEMENTATIONS REQUIREMENTS ARE ALSO DETAILED IN THE FOLLOWING AREAS: PRE-BOOKING PROCEDURES; ARREST, BOOKING, AID SYSTEM NOTIFICATION; AND BILINGUAL AND JUSTICE INTERPRETER POSITIONS. AN EXTENSIVE APPENDIX CONTAINS, AMONG OTHER THINGS, A SELECTED BIBLIOGRAPHY; DESCRIPTION OF A METHOD FOR EARLY IDENTIFICATION OF LANGUAGE HANDICAPPED PERSONS WHO COME INTO CONTACT WITH THE TUCSON CITY COURT AND THE CITY PROSECUTOR'S OFFICE; AND THE SUPREME COURT OF ARIZONA'S TRANSLATION OF SELECTED COURT FORMS.