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A norm-based analysis of court interpretation in selected Philippine criminal cases
Authors: Raquel R. Jimenez & Rachelle Ballesteros-Lintao
Number of views: 555
Language and law are considered to be inseparable since language is needed to frame and understand the law. In the Philippines, English is widely used in the legal domain; hence, it is the language employed in court trials. To accommodate court participants who speak languages other than English to actively take part in court proceedings, the court recognizes the value of court interpreting. Court interpreting is perceived to promote successful communication among court participants who speak languages other than the court’s official language. It helps the judges and jury in courts of law to ensure that a message is accurately conveyed and that fair decisions are derived. However, there are cases in which misinterpretation occurs. For instance, an interpreter may have problems translating words in a witness’ testimony from English to Filipino and vice versa, leading to communication breakdown. To avoid this problem, court interpreting should ensure that qualities such as accuracy and completeness are observed. Taking into account the canons set by the National Association of Judiciary Interpreters and Translators, Inc. (NAJIT), the Australian Institute of Interpreters and Translators (AUSIT), and the European Legal Interpreters and Translators Association (EULITA), this study investigated interpreting norms used in selected Philippine courtrooms. Using a qualitative approach, 11 audio-recordings of court proceedings were transcribed and analyzed to determine norm adherence by court interpreters. Findings revealed that court interpreters in the selected court trials adhere to the norms of accuracy, impartiality, competence, professional conduct, and professional relationships. The results of the analysis suggest that the selected court interpreters can successfully perform their interpreting duties in spite of seeming differences in court practices. To promote standard court interpreting practices in the country, this study recommends the creation of court-interpreting policies and guidelines that will serve as bases for court interpreters’ actions and decisions in relation to their jobs. Specifically, these proposed policies and guidelines will highlight the need for code of ethical conduct, qualification standards, enhancement trainings, certification, and language-proficiency test.