The work of intercept interpreters in lawful communication surveillance: A daily trade-off between formal requirements and informal needs

Abstract

Intercept interpreters ensure the interlinguistic transfer from oral conversations wiretapped by the police into written evidence that is used in criminal proceedings. So far, this element of the criminal proceedings has received little attention in research, and knowledge on practical implementation of the formal requirements and the related informal practices is scarce. Using Switzerland as a case study, this article examines the daily practices of intercept interpreters within the legal framework. Theoretically, this study aligns with Lipsky's (1980/2010) concept of “street-level bureaucracy”. It is based on 24 semi-structured interviews with intercept interpreters and police officers and on an observational study conducted at the intercept interpreters' workplace in a Swiss police department. The major finding of our qualitative content analysis is that the formal framework is felt as a corset by police officers, and that the police and the intercept interpreters are loosening it in their daily cooperation. However, this is not disclosed in the final production of the formal evidence. Furthermore, the findings show that both are aware of the daily trade-offs between formal requirements and the need for informal working processes.