Foreign Language Interpreters in the Courtroom: The Case for Linguistic and Cultural Proficiency

Abstract

long played a pivotal role as linguistic and cultural intermediaries. In modern times, due to rapid advances in technology as well as to increases in international trade, travel, and migration, frequency of contact between peoples of various cultural backgrounds and languages has increased enormously. As the need for multilingual and multicultural interchange grows, so will the need for translators and interpreters. In the United States, growing numbers of agencies and organizations are experiencing impediments to communication in their interaction with members of the rapidly increasing non-English-speaking immigrant population (38: p. 1; 16: p. 6). Non-English-speakers, or those with limited proficiency, are at an obvious disadvantage in crucial situations, perhaps most notably within the judicial system, where qualified interpreters are critically necessary to protect the constitutional rights of these individuals (11: p. 2). Because the role of the foreign language translator and interpreter in the judicial system is not widely understood, even in the foreign language profession, this article explores that role and highlights the interrelationship of language and culture in court interpreting. The steps to formal certification are also poorly understood; they, too, are discussed. Differences between cultures and languages may lead to grave, indeed tragic, misunderstanding;1 it is therefore imperative that those persons who serve as linguistic intermediaries be not only proficient in their working languages, but also cognizant of how linguistic forms are culturally dependent for effective communication. Thus, while language is the prime factor in linguistic interchange across cultures, accurate communication is based on other important components as well. In fact, bilingualism,2 or fluency in two languages, is only the starting point in interpreter training.3 The objective of the court interpreter is to convey precisely, accurately, and completely in the target language the information contained in the source language. Consequently, factors such as dialect, educational level, register, geographic variation, specialized or technical terms, and style will influence the interpreter's choice of expression. Moreover, in the legal setting, interpreters must be aware of the different legal systems of the countries where the source and target languages are spoken (24: p. 5). To appreciate fully the diverse and complex tasks interpreters face, one must understand the current legal status of interpreting in federal and state courts in the United States, the need for interpreters in the light of available demographic data, and the different modes of interpretation used in courts.