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Файл:Тренинги по межкультурной коммуникации на английском языке. Для переводчиков жестового языка. English for Sign language interpreters. Учебное пособие
.pdf
Statute – a law passed by a legislature.
Subpoena – a command, issued under a court's authority, to a witness to
appear and give testimony.
T
Temporary restraining order – akin to a preliminary injunction, it is a
judge's short-term order forbidding certain actions until a full hearing can be
conducted. Often referred to as a TRO.
Testimony – evidence presented orally by witnesses during trials or
before grand juries.
Tort – a civil, not criminal, wrong. A negligent or intentional injury
against a person or property, with the exception of breach of contract.
Transcript – a written, word-for-word record of what was said, either in
a proceeding such as a trial, or during some other formal conversation, such
as a hearing or oral deposition
U
U.S. attorney – a lawyer appointed by the President in each judicial
district to prosecute and defend cases for the federal government. The U.S.
Attorney employs a staff of Assistant U.S. Attorneys who appear as the
government's attorneys in individual cases.
V
Verdict – the decision of a trial jury or a judge that determines the guilt
or innocence of a criminal defendant, or that determines the final outcome
of a civil case.
W
Warrant – court authorization, most often for law enforcement officers,
to conduct a search or make an arrest.
Witness – a person called upon by either side in a lawsuit to give
testimony before the court or jury.
3. VOCABULARY: Classify these offences according to Russian
jurisdiction and supply Russian equivalents:
1) abuse; 2) actual bodily harm; 3) arson; 4) assault; 5) bigamy;
6) manslaughter; 7) blackmail; 8) break-in; 9) burglary; 10) cybercrime;
11) drink-driving; 12) fraud; 13) homicide; 14) indecent exposure;
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15) joyriding; 16) larceny; 17) mugging; 18) perjury; 19) piracy; 20) rape;
y
21) shoplifting; 22) stalking; 23) tax evasion; 24) treason; 25) trespass;
26) vandalism.
felon
misdemeanor
4. VOCABULARY: Read the text and choose the best variant to fill
each gap.
Highly qualified interpreters are needed to work in legal settings —
particularly in 1) _____ and law enforcement proceedings where matters
involving high-risk and personal freedoms are often the focus.
Interpreting in the legal setting is a long-recognized area of
specialization in the field of ASL-English interpreting. The legal setting is
broad and includes law enforcement investigations, interviews and
interrogations, client – 2) ______ interactions, and a wide range of court
and legal proceedings. Tradition from the field of spoken language
interpreting and the legal community contribute to the conventional way
legal interpreting work is performed.
Working in the legal setting requires advanced interpreting
competence—including the ability to fluently execute consecutive and 3)
__________ interpreting of complex texts, work effectively in teams—
particularly the ability to work collaboratively with Deaf Interpreters (DIs),
and to adapt language use to a wide range of sign language users. Further, it
requires an in depth understanding of law enforcement and the legal system.
There are unique parameters impacting the work of interpreters in this
setting that are the result of 4) _______, legal and evidentiary procedures.
Typically, the knowledge and skills required of interpreters to work in this
setting are acquired after completion of a solid academic foundation in
interpreting, coupled with multiple years of practice, followed by
specialized training in 5) ______ interpreting and supervised field
experience.
Certification of interpreters in this area of specialization is administered
by the Registry of Interpreters for the Deaf, and requires that one possess
generalist certification, and completion of a set number of hours of training
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and supervised work experience prior to application. The certification
process involves a stringent written and performance exam.
1) a) university; b) court; c) prison.
2) a) attorney; b) barrister; c) solicitor.
3) a) synchronous; b) simultaneous; c) written;
4) a) Roman law; b) common law; c) case law;
5) a) legal; b) juristic; c) court.
5. READING: Read the text and match the paragraphs (1-4) with
the ideas mentioned (a-f). There are more ideas than you need.
a) Not all courts have ASL interpreters on site.
b) All legal ASL interpreters have to be certified.
c) ASL legal interpreters have to hold Bachelor of Laws degree.
d) VRS are used when consulting deaf clients by the attorneys.
e) It is preferable to have live ASL-English interpretation at court.
f) One and the same ASL interpreter can interpret for a plaintiff and
defendant.
1) Legal ASL interpreters provide equal access to deaf individuals in a
variety of legal settings. Many courts, probation offices and attorneys rely
on legal ASL interpreting to make sure that they are explaining rights,
moving forward with court proceedings and more. It is important that deaf
individuals are provided equal access to communication in most any setting,
but the severe repercussions of legal settings require interpreters to hold
special certifications to assure they are well equipped to communicate with
the proper legal vocabulary, stay in their role and at all cost avoid affecting
the outcome of any legal situation.
Courtroom interpreters
2) Courtroom interpreting or proceedings interpreters are to assist the
court. Many times another interpreter may be required for a plaintiff or
defendant. These ASL interpreters are generally referred to as “Table
Interpreters”. Both have their own role and keep strict lines between the 2
opposing parties in a case. Video remote interpreting can be used for either
party in these cases, but it is always preferred to have live interpreters for
these types of bench hearing when possible.
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3) Status updates, sentencings and other type of courtroom interpreting
can take advantage of VRI ASL services. Many times courthouses in remote
locations do not have local ASL interpreters that hold legal certifications.
This is one area that using video remote interpreting can be very helpful.
Legal ASL interpreting is a very important service for any legal scenario.
Video remote interpreting for legal consultations
4) Legal ASL interpreting via video can be very convenient for legal
consultations. This service works great when there are limited amounts of
people communicating, making this ideal for 1 on 1 consultation. Attorneys
find that simply turning the computer monitor around can help them
communicate almost as fluidly with their clients as having an interpreter on
site. For short conversations this is a great way to get high value and
convenience.
(https://acavideoremoteinterpreting.com/video-remote-interpreting/legal-asl-interpreting-
court-sign-language-interpreters/)
6. READING: Read the first part of the text and fill the gaps (1–4)
with the missing sentences (A-D). Justify your choice logically and
grammatically.
A. Interacting with the police can be stressful, regardless of whether you
are a witness, a victim or a culprit.
B.The first thing to make clear is that we are talking about quite a
substantial number of people.
C. We all have occasions when we need to deal with the police.
D. This is a linguistic and cultural minority group with its own accepted
norms of behaviour.
When dealing with the police, deaf people are at a
major disadvantage
1) ______________________________________________. Perhaps
your car has been stolen and you have to report it; or perhaps you have
witnessed a mugging and you have been called to the police station to be
interviewed and provide a witness statement. Or perhaps you have been
accused of shoplifting and the security guard has detained you in the back
room until the police arrive.
2) __________________________________________. Most of us have
one very useful advantage, however: we can hear. Anyone who is deaf and
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has dealt with the police may have found communication a major problem.
Too often, the forces in the UK and elsewhere in Europe struggle to provide
sign language interpreters at short notice or even to understand the needs of
deaf people. It hampers their access to justice and needs to be addressed
urgently.
3) ____________________________________________. The European
Union of the Deaf estimates there are approximately a million deaf sign
language users in Europe. In the UK, there are estimated to be
approximately 70,000 deaf people who use British Sign Language as their
first or preferred language.
4) ____________________________________________. And most
people probably don’t realise that deaf people use different sign languages
in every country around the world. They identify one another on that basis
in the same way that a British person might identify a German or Spaniard
through the way they talk.
7. GRAMMAR: Read the second part of the text and fill the gaps
with articles: a (an), the, zero. Explain your choice.
Interpreter rights
When it comes to 1) __ justice system as 2) __ whole, 3) __ deaf
people’s right to interpreters has increasingly been recognised – even if this
is typically enshrined in disability discrimination law rather than 4) __ laws
to protect cultural minorities. But while there are now 5) __ established
systems for providing 6) __ interpreters in courts and tribunals, and clear
guidelines on booking them for police interviews and solicitor consultations
in 7) __ UK and some other countries across 8) __ Europe, researchers have
repeatedly found that deaf people encounter 9) __ barriers.
10) __ issues are often to do with people in 11) __ justice system not
being aware of 12) __ need to book interpreters to ensure that deaf people
can communicate. This can usually be resolved in 13) __ time for court
cases or for courses in 14) __ prison, but what happens in police encounters
at 15) __ short notice?
There are reports of police misreading 16) __ deaf person’s attempts to
communicate. On some occasions, deaf people have had to wait many hours
before 17) __ interpreter can be found and they can be interviewed by
18) __ police.
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There are recurring cases of people giving 19) __ witness statements
without 20) __ interpreter (or with 21) __ unqualified person). The
statement is then admitted as 22) __ evidence in court, and 23) __ deaf
person doesn’t understand 24) __ process they have been involved in or 25)
__ consequences of 26) __ signing 27) __ statement. As 27) __ police
interview is 28) __ first point of contact in 29) __ legal process, it is
essential that people understand their rights and 30) __ process. This can’t
happen for deaf people if they don’t have 31) __ professional qualified
interpreter in 32) __ interview.
8. GRAMMAR: Read the final part of the text. Fill the missing
prepositions.
JUSTISIGNS
1) __ better understand the problem 2) __ police settings and address
the barriers, I have been collaborating 3) __ a team of international
specialists 4) __ the past three years. The JUSTISIGNS project includes
seven universities and sign language professional bodies 5) __ the UK,
Switzerland, Belgium and Ireland.
We found that there is no uniform approach across Europe 6) __ training
or certifying legal sign language interpreters or making such people
available 7) __ deaf people 8) __ the justice system. 9) ___ a series 10) __
focus groups and interviews 11) __ police officers, deaf people and
interpreters 12) __ the four countries, our findings included:
Police officers are unaware that sign-language users need to have an
interpreter present as they cannot necessarily lipread or write notes; and are
unclear 13) __ the qualifications or level of expertise required 14) __ sign
language interpreters. There are no clear guidelines 15) __ how interpreters
and police can work together;
Some police forces have policies to guide officers when it comes 16)
__ interviewing deaf suspects/witnesses/victims – 17) __ the UK, some
forces have begun to develop online videos for example – but police officers
do not always know 18) __ best practice;
There are not enough interpreters available 19) __ short notice to
meet recommendations that only qualified and experienced practitioners be
used 20) __ the legal system;
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Though some interpreters have received legal training, interpreters
are often nervous 21) __ working in police interviews 22) __ case they get
called as a witness in a later court case;
There is a lack of established legal terminology 23) __ British Sign
Language and other sign languages.
24) __ the back of this evidence, JUSTISIGNS held masterclasses and
training workshops 25) __ police officers and interpreters in the partner
countries; and events and meetings to inform deaf people and other relevant
organisations and professionals 26) __ the project. In the UK, it helped
develop best practice guidelines 27) __ legal interpreting and worked 28) __
Police Scotland 28) __ a British Sign Language translation 29) __ the
Scottish law caution and an explanation of what it means.
The hope is that in years to come, deaf people will be able to deal 30) __
the police in unexpected situations 31) __ any disadvantage. That is
certainly what they are entitled to expect.
9. TRANSLATION: Translate the following text into Russian in
writing.
When Must Police Officers Use Sign Language Interpreters?
Sign language interpreters are needed at almost every step of law
enforcement.
Most people already understand the necessity of interpreting for legal
proceedings, but sign language interpreters are also required at earlier
stages, such as arrests and interrogations.
The Americans with Disabilities Act (ADA) outlines specific situations
and guidelines for when police are required to use sign language
interpreters.
Situations requiring sign language interpreters
The ADA specifically states that during interrogations and arrests, legal
interpreters are often essential for police to effectively communicate with an
individual who uses sign language.
In general, if the legality of a conversation will be questioned in court,
such as when Miranda warnings are issued, a sign language interpreter may
be necessary.
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The ADA warns that police officers should be careful about
miscommunication in the absence of a qualified sign language interpreter —
for example, a nod of the head may be an attempt to appear cooperative in
the midst of misunderstanding. However, this could easily be mistaken for
consent or a confession of wrongdoing.
Sign language interpreters are not always legally required
According to the ADA, police officers are not required to arrange for a
sign language interpreter every time they interact with a person who is deaf
or hard of hearing. Situations that do not require a sign language interpreter
include:
Interactions with those who need different communication aids or
rely on lip-reading
Interactions which may be resolved with the use of:
Telecommunications devices for the deaf (TDD)
Telephone handset amplifiers
Assistive listening systems
Videotext displays
Simple encounters, such as checking a driver’s license or giving street
directions, may be carried out with a notepad and pen
Since deaf and hard of hearing individuals best know their own needs,
their expressed choice of communication should be given primary
consideration. Assistive listening devices are often sufficient for facilitating
a conversation. Police departments should honor the individual’s choice
unless it can be demonstrated that another effective method of
communication exists.
However, more complex police interactions often require the help of a
sign language interpreter.
Family members as sign language interpreters
The ADA offers guidelines for when using family members as sign
language interpreters is and is not appropriate. Generally, family members
may be used in situations where a police officer would otherwise use a
notepad and pen, such as traffic violations.
Family members may also interpret in emergencies, when the safety of
the public or the deaf individual is of immediate importance.
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For example, emergency personnel reporting to a car accident may need
to trust a family member to act as a sign language interpreter, so that they
can evaluate the physical condition of a deaf individual.
There are also situations where it is decidedly not appropriate for family
members to act as sign language interpreters.
Since family members are frequently emotionally involved, they are
generally not reliable for sign language interpreting. For example, children
of a deaf mother should not be used as interpreters in interrogation
situations, or when police officers are taking a report of criminal activity.
Sign language interpreters serve as impartial professionals during
investigations and court cases, making them crucial to many levels of law
enforcement.
(https://www.legallanguage.com/legal-articles/sign-languageinterpreters-required-by-law/)
10. SPEAKING: Do you agree with the points made in the text
above? Find out what the rules of using RSL interpreters in Russian
police offices are. Discuss it in class.
11. SPEAKING: Which topics should a legal SL interpreter have
deep knowledge of at a police station / in court? Compare your answers
in class.
12. SPEAKING: What are the peculiarities of RSL legal
vocabulary?
13. WRITING: Compose a written summary of the guidelines in
Russian. Follow the rendering scheme from the Appendix. Do not
translate the whole text.
Interpreters
The right to an interpreter is an integral part of the right to a fair trial. It
is a principle of English common law that the Defendant must be able to
understand the charges made against them and be able to properly defend
themselves. The right is also enshrined in the European Convention on
Human Rights.
Translation services are currently being provided within police stations
and the Courts by 'The Big Word', who are contracted by the Ministry of
Justice. Sign language interpretation is provided by Clarion UK.
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Interpreters working within the Criminal Justice System should be
registered on the National Register of Public Service Interpreters (NRPSI).
NRPSI are an independent, voluntary public interest body and their core
role is to ensure that standards within the profession are maintained for the
benefit of the public and interpreters.
Interpreters at the Police Station
The role of the interpreter at the Police Station is governed by Code C of
the Police and Criminal Evidence (PACE) 1984. If a suspect or a witness
requires an interpreter for interview or the taking of a statement, the police
must arrange for one to be present.
The interpretation arrangements must comply with the minimum
requirements set out in Directive 2010/64/EU of the European Parliament:
“the quality of the interpretation and translation provided shall be sufficient
to safeguard the fairness of the proceedings, in particular by ensuring that
suspected or accused persons have knowledge of the cases against them and
are able to exercise their rights of defence.”
Code C also applies to suspects who are hard of hearing or have speech
impediments and require interpreters or other appropriate assistance to
enable effective communication.
Code F deals with the interview of suspects who are deaf, blind or have
a speech impediment. It states that it might be appropriate to make a visual
recording of the interview if the suspect is deaf, blind or in the case of a
speech impaired person who uses sign language to communicate.
Court Papers
When preparing papers for court, the foreign language statement should
be placed in the bundle of witness statements either immediately before or
after the translation.
Interpreter as a Witness in Court
If a defendant has been interviewed through an interpreter and there is
any contention as to what was said during that interview, evidence will be
required from interpreter.
If an interpreter is required to give evidence, he or she should be given
an opportunity to confirm the accuracy of any record of interview at which
they were present.
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