H - 64 When the Miranda Warning cannot be Understood: Implications of Utilizing an Unqualified Interpreter.

Abstract

Crenshaw (1989) identifies intersectionality as the interface between a person's identities in relation to inequalities in social systems. She explicates how individuals receive distinct encounters with privilege and discrimination from society, depending on their unique amalgamation of personal, social, and political identities. An example of this is seen in a monolingual Spanish speaker of Mexican descent who underwent an independent neuropsychological evaluation to determine any cognitive impairment related to his legal charges. The defendant is a 39-year-old male with lifelong cognitive difficulties and one year of formal schooling. At the time of the arrest, he was interrogated with the assistance of an inexperienced, uncertified interpreter. Sight translation of the Miranda warning included 8 made-up words and multiple verb-tense errors, resulting in 15% + of the warning being nonsensical. The interview transcript indicated the defendant experienced frequent comprehension difficulties. The defendant is of extremely low intellectual abilities (FSIQ = 67, 1%ile). Cognitive deficits were observed across various domains including academic skills (reading, writing, math) and verbal comprehension. He is able to manage basic activities of daily living but needs assistance with more complex tasks (e.g., use of debit card, paying bills). The evaluation suggests the defendant likely did not understand the Miranda warning and was swayed to confess during the interrogation. To combat institutional bias, law enforcement should be educated on individuals with lower cognitive capacities and the importance of accurate Spanish translation. Ignoring intersectionality and institutional bias perpetuates inequities in culturally appropriate care but can also contribute to wrongful convictions.