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4 Chapter 4 IMMIGRANTS IN COURT

Representing Immigrants in courts

Downtown Chicago

Assisting immigrants in navigating criminal or civil cases with translation and interpretation in court can be very difficult. There are multiple challenges that arise from language barriers, which can be caused by diverse linguistic backgrounds and complex legal jargon. Interpreters must have fluency in the language and legal expertise to overcome these barriers. Cultural sensitivity is also critical, considering the variations in expressions and norms that exist. The quality and availability of interpreters can be problematic, as there is a scarcity of qualified professionals and limited resources in some regions. Confidentiality and trust can be complex issues that impact communication. Logistical issues, such as court delays and scheduling difficulties, can add to the complexity. Additionally, the financial constraints of providing interpretation services may hinder access for some immigrants. Addressing these challenges requires collaborative efforts to ensure equitable and efficient legal processes for all immigrants.

What to Find in this Chapter: 

  • Introduction:
    • Legal Terms Matching: Match Spanish legal terms with English equivalents.
    • Focus on enhancing understanding of legal terminology in both languages.
  • Discussion:
    • Review correct answers in a class discussion.
    • Opportunity for questions and clarification on legal terms.
  • Communication Activities:
    1. Bilingual Courtroom Role Play:
      • Simulated bilingual scenario investigating a car accident.
      • Roles: Police Officer, Legal Interpreter, Defendant.
      • Rotation of roles for engagement and feedback.
    2. Bilingual Divorce Agreement Role Play:
      • Simulated divorce agreement process with Judge, Legal Interpreters, and divorcing couple.
      • Discussion on asset division, child custody, and alimony.
  • Translation Challenge:
    • Translate ‘Frequently Asked Questions’ related to court interpretation in Colorado.
    • Discuss translation challenges, compare, and share insights.
  • Probation FAQs Translation:
    • Translate five questions and answers from ‘Probation FAQs.’
    • Discuss challenges, compare translations, and share insights.

Vocabulary Activities:

  1. Legal Terms Matching

This activity focuses on legal terminology in both English and Spanish. In this exercise, you’ll have the opportunity to enhance your understanding of legal terms and their equivalents in both languages.

Matching Task: Your goal is to match each legal term in Spanish (List A) with its corresponding English equivalent from List B. Pay attention to the meaning of each term and think about any language similarities or cognates that might help you make accurate matches.

List A                             List B

Plaintiff Descubrimiento
Defendant Fianza
Complaint Habeas Corpus
Summons Derechos Miranda
Subpoena Adjudicación
Jurisdiction Jurisdicción
Damages Demandante
Liability Agravio
Tort Citatorio
Discovery Coartada
Deposition Negligencia
Verdict Demandado
Evidence Daños y perjuicios
Habeas Corpus Estatuto de limitaciones
Alibi Subrogación
Miranda Rights Nolo contendere
Probation Libertad bajo palabra
Parole Veredicto
Indictment Escrito legal
Arraignment Tarifa de contingencia
Bail Desacreditación
Contingency Fee Actus Reus
Negligence Pro Bono
Precedent Ex parte
Appellate Court Injunción
Ex Parte Definición
Injunction Pleadings
Writ Mens Rea
Impeachment Acusación formal
Mens Rea Mediation
Actus Reus Injunction
Defamation Juramento
Subrogation Indulto
Class Action Declaración jurada
Due Process Alegatos
Discovery Estatuto legal
Burden of Proof Breach of Contract
Legal Brief Descargo
Mediation Tribunal de apelación
Pleadings Breve legal
Statute of Limitations Demand
Breach of Contract Subpoena
Grand Jury Escritura jurídica
Pardon Estatuto de limitaciones
Nolo Contendere Proceso legal
Adjudication Libertad condicional
Pro Bono Impeachment
Statutory Law Derecho estatutario
Oath Precedente
Perjury Cláusula

Discussion:

After completing the matching task, we will discuss the correct answers as a class. Take this opportunity to ask questions and clarify any doubts about the legal terms.

This activity aims to strengthen your legal vocabulary and improve your ability to recognize legal terms in both English and Spanish. Enjoy the challenge, and let’s engage in a fruitful learning experience!

Communication activities:

1. Bilingual Courtroom Role Play

Objective: Engage in a simulated bilingual courtroom scenario to enhance language skills and understanding of legal proceedings. Assume the roles of a Police Officer, Legal Interpreter, and Defendant to investigate a car accident.

Instructions:

  1. Roles and Preparation:
    • Student 1 (Police Officer): Familiarize yourself with details related to the car accident. Respond to questions in English.
    • Student 2 (Legal Interpreter): Be ready to interpret questions and responses accurately between English and Spanish.
    • Student 3 (Defendant): Understand the context of the car accident and prepare to respond to questions in Spanish.
  2. Courtroom Interaction:
    • The Judge (instructor or another student) will initiate questioning in English.
    • Student 1 (Police Officer): Respond in English to questions from the Judge.
    • Student 2 (Legal Interpreter): Interpret questions and responses between English and Spanish for Student 3 (Defendant).
    • Student 3 (Defendant): Respond in Spanish, and the Legal Interpreter will interpret the response back to English.
  3. Questioning Topics:
    • The Judge may inquire about accident details, police actions, or relevant case information.
  4. Rotation:
    • Rotate roles to allow each student the opportunity to play the Police Officer, Legal Interpreter, and Defendant.
  5. Feedback and Discussion:
    • After the role play, discuss the experience as a group.
    • Share challenges faced during interpretation and provide constructive feedback.
  6. Reflect and Learn:
    • Reflect on the importance of accurate interpretation in legal settings.
    • Discuss how language barriers can impact communication in legal proceedings.

Remember, this activity aims to improve language proficiency, interpretation skills, and comprehension of legal processes in a bilingual context. Enjoy the role play and embrace the learning opportunities it presents!

2. Bilingual Divorce Agreement Role Play

Objective: Participate in a role play scenario to simulate a bilingual divorce agreement process. Assume the roles of a Judge, Legal Interpreter, and a divorcing couple (Husband and Wife) to navigate legal discussions in both English and Spanish.

Instructions:

  1. Roles and Preparation:
    • Student 1 (Judge): Prepare to preside over the divorce agreement proceedings. Communicate and ask questions in English.
    • Student 2 (Legal Interpreter): Be ready to interpret accurately between English and Spanish during the divorce agreement discussions.
    • Student 3 (Legal Interpreter): Similar to Student 2, act as a second legal interpreter to facilitate smooth communication.
    • Student 4 (Husband): Understand the context of the divorce agreement and be prepared to respond to questions in Spanish.
    • Student 5 (Wife): Similarly, be prepared to respond to questions in Spanish regarding the divorce agreement.
  2. Courtroom Interaction:
    • The Judge (Student 1) will initiate and guide the divorce agreement proceedings in English.
    • Legal Interpreters (Students 2 and 3) will interpret questions and responses between English and Spanish.
    • The Husband (Student 4) and Wife (Student 5) will respond in Spanish.
  3. Discussion Topics:
    • The divorce agreement may include discussions on asset division, child custody, alimony, and any other relevant details.
  4. Interpretation Dynamics:
    • Legal Interpreters should ensure accurate interpretation to facilitate clear communication between the divorcing couple and the Judge.
  5. Rotation:
    • Rotate roles to allow each student the opportunity to play the Judge, Legal Interpreter, Husband, and Wife.
  6. Feedback and Reflection:
    • After the role play, engage in a group discussion.
    • Reflect on the challenges and dynamics of interpreting legal discussions in a divorce agreement context.
  7. Understand Legal Terminology:
    • Consider the importance of understanding legal terminology in divorce proceedings.
    • Discuss how language nuances can impact legal agreements.

This activity aims to improve language proficiency, interpretation skills, and understanding of legal processes related to divorce agreements. Embrace the role play as an opportunity for experiential learning. Enjoy the scenario and the valuable insights it provides!

Translation Challenge

1. Frequently Asked Questions

Translate into Spanish the document titled ‘Frequently Asked Questions,’ which is part of the information about court interpretation in the state of Colorado.

2. Discussing Translation Challenges

  1. Translation Difficulties Discussion: Discuss the challenges you encountered while translating the paragraph in pairs or small groups. Consider intricacies related to legal terms, cultural concepts, and maintaining the original meaning.
  2. Comparison and Analysis:
    • Classmate 1: Review their translation and identify any differences or similarities compared to your own. Note any distinct phrasing or choices they made.
    • Classmate 2: Analyze their translation and pinpoint any variations in wording, tone, or structure compared to your translation.
    • Classmate 3: Evaluate their translation, focusing on differences or similarities in conveying the original paragraph’s nuances and meaning.
    • Classmate 4: Examine their translation, highlighting any unique approaches or word choices that deviate from your version.

3.  Sharing Insights

  1. Group Discussion: Come together as a class and share your observations from comparing the translations. Discuss the intricacies of translating legal and technical terms, adapting cultural context, and maintaining clarity.
  2. Reflection and Feedback: Reflect on the challenges of translating legal and bureaucratic language. Discuss the importance of conveying accurate information while ensuring the text remains comprehensible for the target audience.

This activity engages students in understanding the complexities of translating legal and technical content. It promotes collaborative learning, critical thinking, and an appreciation for the nuances of language and context. Additionally, it allows students to analyze and learn from different translation approaches.

2. Probation FAQs

Translate at least five questions and answers from the document titled ‘Probation FAQs,’ which is part of the information about probation from the Colorado Judicial Branch, from English to Spanish.

. Discussing Translation Challenges

  1. Translation Difficulties Discussion: Discuss the challenges you encountered while translating the paragraph in pairs or small groups. Consider intricacies related to legal terms, cultural concepts, and maintaining the original meaning.
  2. Comparison and Analysis:
    • Classmate 1: Review their translation and identify any differences or similarities compared to your own. Note any distinct phrasing or choices they made.
    • Classmate 2: Analyze their translation and pinpoint any variations in wording, tone, or structure compared to your translation.
    • Classmate 3: Evaluate their translation, focusing on differences or similarities in conveying the original paragraph’s nuances and meaning.
    • Classmate 4: Examine their translation, highlighting any unique approaches or word choices that deviate from your version.

3.  Sharing Insights

  1. Group Discussion: Come together as a class and share your observations from comparing the translations. Discuss the intricacies of translating legal and technical terms, adapting cultural context, and maintaining clarity.
  2. Reflection and Feedback: Reflect on the challenges of translating legal and bureaucratic language. Discuss the importance of conveying accurate information while ensuring the text remains comprehensible for the target audience.

 

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Professional Spanish for Borders & Languages Copyright © by David Vasquez Hurtado is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License, except where otherwise noted.

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