Interpretation and Translation in the Legal Field II
Saturday 9:00-10:30

• John Gibbons, University of Sydney, and Sandra Hale, University of Western Sydney, Macarthur

Different realities: patterned changes in the interpreter's representation of courtroom and external realities

There are two layers of reality manifested in the courtroom: that of the courtroom itself, the courtroom reality, and that of the events under examination in the case, the external reality. Both realities are reflected through the language used in the courtroom. While interpreters generally faithfully interpret the external reality, there are consistentand significant changes in their representation of the courtroom reality.Such changes may have significant influences upon evidence, and hence upon the outcome of the case.

This paper will present the results of an analysis of courtroom transcripts involving Spanish-English interpreting by four differentinterpreters in Sydney, Australia, where consistent changes in theinterpreted versions were found.

• Jenny Chan, Independent Commission Against Corruption, Hong.Kong

Between Cantonese and English in court

[Abstract not available]

• Mami Hiraike Okawara, University of Economics, Takasaki, Gunma, Japan, and 
  Kazuhiko Higuchi, Attorney and Counselor at Law, Higuchi Law Office, Maebashi, Gunma, Japan

The practice of interpreting in Japanese criminal cases

Japan has faced a dramatic increase in the number of foreign workers from various countries in not only East Asia but from the Middle East, South America and Southeast Asia. This is primarily due to the shortage of unskilled laborers in Japan and the relative strength of the Japanese currency beginning in the mid 1980s. 

When these non-Japanese laborers are involved in crimes and are arrested,they are often in a difficult situation because of their unfamiliarity with the language, the judicial system, and the customs of Japan. 

In this paper, we will present an overview of the process of interpreting for these non-permanent resident suspects and defendants as they face the criminal justice system. First, we will classify the types of crimes committed by the foreigners, their nationalities, and their native languages from the years 1986-1995. The most common crimes arethefts, illegal entry, overstaying of visas, illegal employment,drug-related offenses, and offenses against public morals. Most of these criminal acts are committed by Chinese, Koreans, Peruvians, Filipinos, Thais and Iranians.

Secondly, the practice of interpreting will be discussed under the following categories: the availability of interpreters in an arrest, followed by a trial and in lawyer-client interviews. Also, we will discuss the quality of translations, the use of new equipment in translation such as a wireless microphone during interpretation in court,and the availability of written translations as in a warrant of arrest and an official statement submitted by a suspect.

Since the number of interpreters for minority languages such as Urdu is extremely small in Japan, a police-investigation-interpreter could wellserve as both a court-interpreter and a defense-counselor-interpreter. The credibility of interpretations has often been questioned in court cases; however, the court has generally decided favorably for the credibility of the interpretation unless crucial mistranslations are proved. 

Some courts have introduced a procedure of using quasi-simultaneous interpretation with a wireless mike for the opening and closing statements by both the prosecutor and the defense counselor, the recommendation of punishment, and the indictment. Lawyers are critical about the use of a wireless mike on the grounds that only the defendant can hear the interpreter and the interpretation is thus left unchecked. 

One more unfavorable situation for the foreign suspect is that a written translation for the warrant of detention or arrest, the indictment, andone's written statement given before an investigator is not required inJapan. A suspect is often ignorant about his or her rights concerning the procedures involved in arrest and trial. Furthermore, the suspect often signs and stamps his or her name to a document that is written in Japanese and is thus incomprehensible to him or her. This may well result in an unfavorable court decision. 

Finally, we will discuss the present status of interpreters in terms of qualifications, training, pay, and ethical standards. Without a good social position, proper training, and adequate financial conditions, wecannot expect qualified interpreters nor a fair trial for any non-permanent resident workers in Japan.