List of Tables and Figures
Foreword
Acknowledgments
Chapter 1: Introduction
The Bilingual Courtroom
Spanish in the Courtroom
Duties of the Court Interpreter
Overview of This Book
Chapter 2: Law and Language
Legalese or Legal English
Comprehensibility of Legal Language
Spoken Legal Language in the Courtroom
Spoken Legal Language and Social Control
Questions and Control
Other Linguistic Devices for Controlling Witness Testimony
The Impact of the Interpreter on Court Talk
Chapter 3: The Bilingual American Courtroom: A Legal Raison d’Être
State Provisions for Court-Appointed Interpreters
Case Law
Interpreter for the Witness versus Interpreter for the Party
Waiving One’s Right to an Interpreter
Federal Measures
The Court Interpreters Act
The Training and Certification of Federal Court Interpreters
Interpreter Training Programs
Chapter 4: Fieldwork Procedures
Ethnography
Challenges in the Fieldwork
Timing of Proceedings
Tape-Recording in the Courtroom
Transcribing the Tapes
Participant Observation in Court Interpreter Training Programs
Chapter 5: The Ethnography of the Bilingual Courtroom
How Attention Is Shifted to the Interpreter by Court Proceedings and by Other Parties
Consciousness of the Presence of the Court Interpreter
The Interpreter’s Own Attention-Drawing Behavior
Controlling the Flow of Testimony
Conclusion
Chapter 6: Interpreter-Induced Alternation in Pragmatic Blame Avoidance Mechanisms
Blame Avoidance/Attribution Techniques
Passive Voice for Blame Avoidance: A Cross-Cultural Universal
Verb Form and Blame Avoidance in Spanish: Ergativity, Agentless Passives, and Impersonal Constructions
Intransivity and Backgrounding in Legal Discourse
The Manipulation of Grammatical Case in the Bilingual Courtroom
Quantitative Evidence of Variation in the Interpretation of Verb Case
Chapter 7: The Intersection of Testimony Styles in Interpreted Judicial Proceedings: Pragmatics and the Lengthening of Testimony
Length of Answer and Attorney Control
Spanish Is Generally Longer than English in Translation
Lengthening of Testimony by the Court Interpreter
How Testimony Is Lengthened through Interpretation
Conclusion: The Intersection of Testimony Styles
Chapter 8: The Impact of the Interpreter on Mock Juror Evaluations of Witnesses
Politeness in the Bilingual Courtroom
Politeness versus Lack of Politeness: What Difference Does the Interpretation Make?
Research Design
The Sample
Findings
Politeness: Discussion
Hyperformality: A Shift Upward in Speech Register
Findings
Register: Discussion
Hedging
Findings
Active versus Passive Voice
Findings
The Impact of Interpreter Intrusiveness: The Consequences of Interrupting and Prodding
Interrupting the Attorney
Interrupting the Witness
Prodding the Witness
Conclusions
Chapter 9: An Appellate View of Interpreting Issues
The Appellate Cases
Appeals Based on Interpreter Errors/Inaccuracies
Appeals Based on Unqualified Interpreters
Appeals Based on Mode of Interpreting
Jurors and the Interpreter
The Implications of Appellate Review for Interpretation in the Courts
Chapter 10: Recent Developments in the Field of Legal Interpreting
The Role of the Interpreter in Court: New Insights
A Heightened Awareness of Pragmatics and Its Role in Interpreted Courtroom Proceedings
Interpreting in Quasi-Judicial, Informal, and Specialized Judicial Settings
Interpreting in Police Settings
Interpreting in Immigration and Asylum Cases
Interpreting in the Informal Courtroom
Interpreting in Jails and Prisons
Interpreter Certification/Credentialing
Remote (Telephone) Interpreting
Interpreter Training Programs
International Perspectives on Court Interpreting
Conclusion
References
Appendixes
1: State Legislation Regarding Rights to Court Interpreting
2: Public Law 95–539, Court Interpreters Act
3: Suggested Interpreter’s Written Oath
4: Standards of Professional Conduct and Responsibilities for Members of the Judiciary Interpreters Association of Texas
5: Code of Professional Responsibility for Court Interpreters and Legal Translators
6: National Association of Judiciary Interpreters and Translators Code of Ethics and Professional Responsibilities
7: Text of Experimental Tape Recordings
Notes
References
Name Index
Subject Index