Words matter, but do you know how much?
Legal interpretation plays a vital role in ensuring fairness in the judicial system. It is essential for ensuring equal access to justice, maintaining the accuracy of testimonies, and upholding due process.
However, even a minor misinterpretation can lead to serious consequences. A single misinterpreted word can potentially lead to wrongful convictions, appeals, retrials, and violations of rights.
Several factors can lead to misinterpretation, including:
- Lack of proper training and expertise
- Dialect variations within languages
- Cultural nuances and idioms
Notable Cases Impacted by Errors in Interpretation
To show the extent to which misinterpretations can impact court cases, let’s examine some specific instances where language barriers became legal obstacles:
- ‘Yo’ vs ‘No’[i]
In 2011, Jose Luis Mendez was accused of rape and attempted murder. While being questioned by the police, the prosecution’s interpreter — who had attempted and failed the certification test — translated Mendez’s response “Yo lo hice” to “I did that,” thus confessing to the crimes. However, according to the defense’s certified interpreter, Mendez had actually said, “No lo hice,” meaning, “I didn’t do that.”
The court admitted both translations leaving it up to the jury to determine which version to believe, ultimately leading to Mendez being sentenced to 60 years in prison.
However, the Arkansas Supreme Court overturned the conviction, stating that only the defense’s certified translation and transcription should have been admitted as evidence. This case highlighted the importance of certified interpreters and the potential consequences of unreliable translations in legal proceedings.
- Fluency Is Not Enough[ii]
Before trial, Mexican-native Baron-Santana signed a jury waiver that was printed in English and translated into Spanish by his defense attorney. Despite the waiver being translated by someone who was not a certified interpreter, the court accepted the waiver and proceeded to hold a bench trial. Baron-Santana was sentenced to 30 years in prison for possession and intent to distribute drugs.
However, a divided panel later reversed this conviction. The key issue was that his defense attorney, though fluent in both English and Spanish, was not a certified interpreter and only presented a signed statement declaring his fluency in “written and spoken English and Spanish languages.”
The court found that interpreters must possess more than basic language fluency; they need formal qualifications demonstrating language expertise and interpretation ability, which the attorney, who originally translated the statement, was unable to do. This case underscored the importance of certified interpreters to avoid confusion or miscommunication in the courtroom.
- Different Dialects[iii]
A farm worker from Mexico applied for worker’s compensation benefits after a back injury. During the legal proceedings, an interpreter from El Salvador was provided. However, a linguistic misunderstanding occurred when the interpreter translated the Spanish word “cintura” as “waist” instead of “lower back,” which was the intended meaning in the worker’s Mexican dialect.
When questioned by the judge, the worker insisted he only injured his back and denied other injuries. Unfortunately, due to the apparent inconsistencies in his testimony, caused by the mistranslation, the judge deemed the worker’s responses to be inconsistent and evasive. As a result, the worker’s claim for compensation was denied. This case demonstrates the importance of not only language fluency but also cultural and dialectical awareness when interpreting legal testimony.
Key Takeaways
These cases underscore the critical role of interpreters in the legal system and highlight what is necessary to ensure equal justice for all:
- Certified Expertise Matters: The specialized training and skills of professional interpreters are essential for navigating the complexities of legal language and cultural nuances.
- Cultural Competence is Key: Understanding cultural contexts and regional dialects is as important as linguistic fluency. Accurate interpretation is not just about translating words but about understanding the full cultural and linguistic context.
- Systemic Safeguards are Necessary: The legal system must implement robust procedures to verify the qualifications of interpreters and the accuracy of translations. This is particularly important for crucial documents and testimonies, as inaccuracies can lead to severe consequences.
Written by Valentina Rodriguez
References:
[i] JOSE LUIS MENDEZ APPELLANT v. STATE OF ARKANSAS APPELLEE. https://casetext.com/case/mendez-v-state-163
[ii] UNITED STATES v. BAILON SANTANA. https://caselaw.findlaw.com/court/us-9th-circuit/1071254.html
[iii] Minnesota Journal of Law & Inequality. https://scholarship.law.umn.edu/cgi/viewcontent.cgi?article=1415&context=lawineq