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How to Effectively Use an Interpreter in Defending a Federal Criminal Case Cathy Betancourt, Certified Spanish Interpreter Jeanette Alvarado, Assistant.

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Presentation on theme: "How to Effectively Use an Interpreter in Defending a Federal Criminal Case Cathy Betancourt, Certified Spanish Interpreter Jeanette Alvarado, Assistant."— Presentation transcript:

1 How to Effectively Use an Interpreter in Defending a Federal Criminal Case Cathy Betancourt, Certified Spanish Interpreter Jeanette Alvarado, Assistant Federal Public Defender Office of the Federal Public Defender, D. AZ (Phoenix) Materials Provided by Scott Loos, Maricopa County Superior Court, Court Interpreter Coordinator/Team Developer, M.A., AOUSC Certified

2 10 Myths about Court Interpreters  1.Interpreter and translator are just two different words for the same thing.  2. Anyone who speaks two languages is, by extension, an interpreter.  3. Interpreters need no preparation to perform in specific setting: you just plug them in and everything will come out just perfectly. After all, they’re just talking. Materials Provided by Scott Loos, Maricopa County Superior Court, Court Interpreter Coordinator/Team Developer, M.A., AOUSC Certified

3  4. There is only one possible interpreted version that can be made of a statement from any one language to another.  5. A word-for-word version in the foreign language is the goal of any interpreter.  6. The faster the interpreter produces the foreign language version, the more skilled s/he is.  7. No matter how one expresses one's self in English, the interpreter will see to it that the non- English listener captures one's meaning. Materials Provided by Scott Loos, Maricopa County Superior Court, Court Interpreter Coordinator/Team Developer, M.A., AOUSC Certified

4  8. The fact that the non-English speaker responds "yes" to the question "Do you understand what I have said?" automatically means that the English speaker's message has hit its mark.  9.Since the person has some credential in the field, this means they must be the be-all and end-all of the field and no other assessment needs to be made.  10. The fact that the non-English speaker is comfortable chatting with the interpreter and the interpreter is apparently explaining things to the non-English speaker bodes well for the case. Materials Provided by Scott Loos, Maricopa County Superior Court, Court Interpreter Coordinator/Team Developer, M.A., AOUSC Certified

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6 Cultural Issues Impacting Communication  Perception of time measurement; punctuality; comparisons  Human Contact; Handshakes/touching  Eye contact  Government; Police; Bribery  Importance of family; Friendship  Marriage vs. common-law  Names  Truth  Religion  Curse words  Humor; Sarcasm  Formality vs. informality  Masculinity vs. femininity  Social strata  Race vs. ethnicity vs. national heritage vs. nationality  Respect  “You” treatment  Nonverbal communication Materials Provided by Scott Loos, Maricopa County Superior Court, Court Interpreter Coordinator/Team Developer, M.A., AOUSC Certified

7 Avoid ellipses I have a conflict [of interest]. You're charged with alien in possession [of a firearm]. If you go to trial [and you’re found guilty], you’re looking at 10 years. Avoid acronyms and initialisms The mat wits in your case will be deposed. Once you get to BOP………… At the prelim I told you that we'd have to wait and see. Avoid internal slang/ Courtroom speak They stipped to the low end of the guideline range. You’re a B-2. You’ll be violated if you come back. When were you IAed? Avoid idioms unless you know the interpreter has an equivalent in the target language We’ll cross that bridge when we come to it. The writing is on the wall. Old dogs don’t learn new tricks. Materials Provided by Scott Loos, Maricopa County Superior Court, Court Interpreter Coordinator/Team Developer, M.A., AOUSC Certified

8 Don’t assume the statement will make sense only because it is being interpreted; give an explanation They've made you an offer.(an offer to do what? who are 'they?') You can take the offer (meaning what?) or you can go to trial.(meaning what?) If you go to trial, you're looking at 5 years (no matter what or only if I lose?) American concepts not necessarily clear to foreign nationals Jury trials Plea agreements Supervised release vs. Probation vs. Parole vs. Pretrial release Be conscious of register Sir, please recount for us, all of the exchanges you undertook during your sojourn When law enforcement contacted you, how did you respond? Materials Provided by Scott Loos, Maricopa County Superior Court, Court Interpreter Coordinator/Team Developer, M.A., AOUSC Certified


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