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The party of the first part
hereinafter known as Jack,
and the party of the second part
hereinafter known as Jill,
ascended or caused to be ascended
an elevation of undetermined height and degree of slope,
hereinafter referred to as 'hill'. D. Sandburg
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The law is a profession of words. D. Mellinkoff
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How do you feel about saying four-letter
words in public? When do you translate bastard as bastard and when do you
replace it with a euphemism? Do you retain Your Honour on each and every occurance?
Just how vulgar and how polite can youor rather should youstrive to be while
interpreting in a court of law? When does correct become hypercorrect, and how correct is
hypercorrect? How do you deal with garbled and muddy questions and anwers? Do you have the
courage to render muddy and garbled as such or you clean up the mess as you interpret?
What is the difference between dismissal with prejudice and dismissal without
prejudice, cross-claim and cross-examination, writ of habeas corpus and writ
of mandamus? Who is Miranda and what has she got to do with the Miranda
Warningsand what are these warnings anyway? Can you switch sides during the same
case and what are the major courtroom do's and don'ts? Should you simplify the text to be
interpreted to accommodate an accused with limited verbal skills? Can you interpret during
pretrial preparation and then continue working on the same case in higher courts?
These are some of the linguistic and
ethical issues explored by Constance Emerson Crooker in The Art of Legal
Interpretation: A Guide for Court Interpreters published by Portland State
University (1996). Crooker is 'crook' only by name, not by nature: in fact, she is a
bilingual criminal defence lawyer (English/Spanish) with over 19 years of experience, and
teaches legal seminars for lawyers and interpreters.
The guide includes chapters on
determining dual language proficiency, legal terminology, courtroom procedures, methods of
oral interpretation, frequent errors during interpretation and their effects, interpreter
ethics, qualifications and administrative and financial issues, such as the not altogether
insignificant question as to who pays the interpreter.
But The Art of Legal Interpretation
does not end here. Indeed, a just-as-chunky part of the book is titled Appendices,
which includes no fewer than 19 entries such as a glossary of legal terms, and excerpts
from interpreter statutes. The glossary gives succinct explanations of legal terms most,
but not all, of the time. For example, it does not only explain the legal principle often
referred to in Latin as Res ipsa loquitorthe thing speaks for itselfbut
illustrates it as well with the example of a barrel falling on, say, your head from a
warehouse window. Even though you did not see who did it, somebody must have been
negligent that is to say the res ipsa loquitor principle applies.
However, explanations are not half as
satisfying for the reader at other times. For example, probation is explained
clearly enough, but parole is simply dispensed with as a system of post-prison
supervision of former inmates, not unlike probation. The reader is left with
questions, such as in what ways then is parole different from probation, if
at all?
The chapter on Interpreter Statutes
you may find relevant but only if you are also interested in the state of affairs in the
United States, and especially in the State of Oregon. Hence the book is, arguably, quite
parochial. This is not necessarily a crime in and by itself, I hear you say. It can, in
principle, meet some local need. And it does. But the title and the subtitle are somewhat
misleading since there is no indication of the self-imposed limitations of the book in
either of them.
The glossary is based on American
English: for example, it explains supreme court as In Oregon, the highest state
court. In the federal courts, the highest court in the land. Clearly, the primary
focus is on the State of Oregon, and then 'the land' i.e. the US. There is no attempt made
to cross-reference the material with relevant terms 'outside the land' i.e. there is no
mention of crown court. This will certainly seem like a pity for many readers
outside the US. But what seems like a faux pas is that there is no indication of
the limitations of usage. The last item in the book, the bibliography, also focuses on
American literature, but was made with an eye to Spanish speakers: it includes Spanish
entries, dictionaries, software, networks.
Notwithstanding its undeclared
limitations, the Art of Legal Interpreting may be very helpful for you if you are,
or planning to be, engaged in customs, prison and court interpreting in particular, and
public service interpreting in general. The chapter on the most frequent errors during
legal interpretation is a good read and offers clear and straightforward explanations of
many issues, such as untranslated side conversations, correcting speaker's mistakes,
seeking clarification, correcting interpreter's mistakes, switching from first person to
third person, linguistic coercion, additions and deletions, switching active and passive
verbs, adding hyperformality, adding or deleting politeness markers, softening slang and
vulgarity, adaptation, altering demeanor of witness, and yielding to inappropriate
requests from the judge or lawyers.
The chapter on Interpreter Ethics
raises and illustrates some important issues about accuracy, bias, and conflict of
interest. For example: have you ever wondered if, having worked for the law enforcement
agency, you can serve as a court interpreter in the same case, say in the higher courts of
law? Well, the answer is no and yes. No, because there may be an appearance of
bias. Yes, because it is just that, the appearance of bias and not more that is to
say if the premise is, as indeed it should be, that interpreting is a profession. I
for one would tend to agree with the author of the book: the decision is best left to the
judge's discretion.
Those of us who teach English for Law
or Translation and Interpreting Courses for advanced TESOL or TEFL students will
certainly welcome The Art of Legal Interpreting
The Art of Legal Interpretation: A Guide
for Court Interpreters
By Constance Emerson Crooker, Attorney
Continuing Education Press, Portland State University 1996 pp. 138
ISBN 0 87678 116 4
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