The Bilingual Courtroom: Court Interpreters in the Judicial Process

by Susan Berk-Seligson

Overview

“An essential text” that examines how interpreters can influence a courtroom, updated and expanded to cover contemporary issues in our diversifying society (Criminal Justice).

Susan Berk-Seligson’s groundbreaking book presents a systematic study of court interpreters that raises some alarming and vitally important concerns. Contrary to the assumption that interpreters do not affect the dynamics of court proceedings, Berk-Seligson shows that interpreters could potentially make the difference between a defendant being found guilty or not guilty.

The Bilingual Courtroom draws on more than one hundred hours of audio recordings of Spanish/English court proceedings in federal, state, and municipal courts, along with a number of psycholinguistic experiments involving mock juror reactions to interpreted testimony. This second edition includes an updated review of relevant research and provides new insights into interpreting in quasi-judicial, informal, and specialized judicial settings, such as small claims court, jails, and prisons. It also explores remote interpreting (for example, by telephone), interpreter training and certification, international trials and tribunals, and other cross-cultural issues.

With a new preface by Berk-Seligson, this second edition not only highlights the impact of the previous versions of The Bilingual Courtroom, but also draws attention to the continued need for critical study of interpreting in our ever diversifying society.

Product Details

ISBN-13:	9780226329475
Publisher:	University of Chicago Press
Publication date:	12/22/2022
Sold by:	Barnes & Noble
Format:	eBook
Pages:	384
File size:	2 MB

About the Author

Susan Berk-Seligson is research professor of Spanish linguistics in the Department of Spanish and Portuguese, an affiliate faculty member of the Center for Latin American Studies, and a faculty fellow in the Latin American Public Opinion Project, all at Vanderbilt University. She is the author of Coerced Confessions: The Discourse of Bilingual Police Interrogations.

Table of Contents

List of Tables and Figures
Foreword
Acknowledgments Chapter 1: Introduction The Bilingual Courtroom
Spanish in the Courtroom
Duties of the Court Interpreter
Overview of This Book Chapter 2: Law and Language Legalese or Legal English
Comprehensibility of Legal Language
Spoken Legal Language in the Courtroom
Spoken Legal Language and Social Control
Questions and Control Other Linguistic Devices for Controlling Witness Testimony
The Impact of the Interpreter on Court Talk Chapter 3: The Bilingual American Courtroom: A Legal Raison d’Être State Provisions for Court-Appointed Interpreters
Case Law Interpreter for the Witness versus Interpreter for the Party
Waiving One’s Right to an Interpreter Federal Measures The Court Interpreters Act
The Training and Certification of Federal Court Interpreters
Interpreter Training Programs Chapter 4: Fieldwork Procedures Ethnography
Challenges in the Fieldwork Timing of Proceedings
Tape-Recording in the Courtroom
Transcribing the Tapes
Participant Observation in Court Interpreter Training Programs Chapter 5: The Ethnography of the Bilingual Courtroom How Attention Is Shifted to the Interpreter by Court Proceedings and by Other Parties Consciousness of the Presence of the Court Interpreter
The Interpreter’s Own Attention-Drawing Behavior
Controlling the Flow of Testimony Conclusion Chapter 6: Interpreter-Induced Alternation in Pragmatic Blame Avoidance Mechanisms Blame Avoidance/Attribution Techniques Passive Voice for Blame Avoidance: A Cross-Cultural Universal Verb Form and Blame Avoidance in Spanish: Ergativity, Agentless Passives, and Impersonal Constructions
Intransivity and Backgrounding in Legal Discourse
The Manipulation of Grammatical Case in the Bilingual Courtroom
Quantitative Evidence of Variation in the Interpretation of Verb Case Chapter 7: The Intersection of Testimony Styles in Interpreted Judicial Proceedings: Pragmatics and the Lengthening of Testimony Length of Answer and Attorney Control Spanish Is Generally Longer than English in Translation Lengthening of Testimony by the Court Interpreter How Testimony Is Lengthened through Interpretation Conclusion: The Intersection of Testimony Styles Chapter 8: The Impact of the Interpreter on Mock Juror Evaluations of Witnesses Politeness in the Bilingual Courtroom
Politeness versus Lack of Politeness: What Difference Does the Interpretation Make? Research Design
The Sample
Findings
Politeness: Discussion Hyperformality: A Shift Upward in Speech Register Findings
Register: Discussion Hedging Findings Active versus Passive Voice Findings The Impact of Interpreter Intrusiveness: The Consequences of Interrupting and Prodding Interrupting the Attorney
Interrupting the Witness
Prodding the Witness Conclusions Chapter 9: An Appellate View of Interpreting Issues The Appellate Cases Appeals Based on Interpreter Errors/Inaccuracies
Appeals Based on Unqualified Interpreters
Appeals Based on Mode of Interpreting
Jurors and the Interpreter The Implications of Appellate Review for Interpretation in the Courts Chapter 10: Recent Developments in the Field of Legal Interpreting The Role of the Interpreter in Court: New Insights
A Heightened Awareness of Pragmatics and Its Role in Interpreted Courtroom Proceedings
Interpreting in Quasi-Judicial, Informal, and Specialized Judicial Settings Interpreting in Police Settings
Interpreting in Immigration and Asylum Cases
Interpreting in the Informal Courtroom
Interpreting in Jails and Prisons Interpreter Certification/Credentialing Remote (Telephone) Interpreting
Interpreter Training Programs
International Perspectives on Court Interpreting Conclusion References
Appendixes
1: State Legislation Regarding Rights to Court Interpreting
2: Public Law 95–539, Court Interpreters Act
3: Suggested Interpreter’s Written Oath
4: Standards of Professional Conduct and Responsibilities for Members of the Judiciary Interpreters Association of Texas
5: Code of Professional Responsibility for Court Interpreters and Legal Translators
6: National Association of Judiciary Interpreters and Translators Code of Ethics and Professional Responsibilities
7: Text of Experimental Tape Recordings
Notes
References
Name Index
Subject Index