IMPORTANCE OF INTERPRETER IN A TRIAL PROCESS INVOLVING
ALLOGLOT MIGRANTS: COMPARATIVE STUDY Cover Image

IMPORTANCE OF INTERPRETER IN A TRIAL PROCESS INVOLVING ALLOGLOT MIGRANTS: COMPARATIVE STUDY
IMPORTANCE OF INTERPRETER IN A TRIAL PROCESS INVOLVING ALLOGLOT MIGRANTS: COMPARATIVE STUDY

Author(s): Diana Cerneavschi
Subject(s): Law, Constitution, Jurisprudence
Published by: Facultatea de Drept Cluj Napoca, Universitatea Creştina "Dimitrie Cantemir" Bucureşti
Keywords: interpreters; translation; professional status and migrants;

Summary/Abstract: The study aims to analyze from a comparative perspective the impact of the interpreter inthe court process with the participation of migrant alloglots, based on the Anglo-Saxon, continentaland Moldovan judicial model.The global changes caused by mass migration lead to a change in the structure of justiceprocedures, giving court interpreters a key status in the conduct of the legal proceedings. Thisemerges the need to analyze the relationship between interpreters and defendants on the one hand,and interpreters, lawyers and judges on the other. Therefore the issue of trust and reliability comesto the fore by establishing the intervention of court interpreters and the implications of theirinterventions for the defendant. However, as practice shows, their intervention is often propelled orhindered by tools, procedural or logistical of the legal system within the state.In the US, more than 85% of people appearing before courts dealing with migration issueshave limited English comprehension or writing skills. Too often, their ability to communicate ishampered by interpreters who fail to interpret crucial parts of court proceedings, lack basicinterpreting skills, speak the wrong language or lack the necessary interpreting equipment. Theresult is that people lose their freedom, families, livelihoods and homes because of simplemisunderstandings.Translation plays a crucial role in today's globalized and interconnected world. This raisesa number of fundamental questions: is it a matter that anyone can translate and, if so, to whom andhow; is translation a formal profession and, if not, should it become one; if it is a formal professionor if it becomes one, should it be regulated and, if so, why and how. We therefore conclude thatqualified translators must ensure the social interest, i.e. provide beneficiaries with protectionagainst mistranslations.

  • Issue Year: 2/2023
  • Issue No: 2
  • Page Range: 33-51
  • Page Count: 19
  • Language: English
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