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translation studies - Facultatea de Litere - Dunarea de Jos

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Ramona Cioranu<br />

Linguistic and Non-linguistic Aspects in Court Interpreting<br />

Professional <strong>de</strong>velopment is of great importance, they should further their<br />

knowledge and skills through participation in workshops, professional meetings,<br />

interaction with professional colleagues and reading current literature in the field.<br />

e. Impartiality<br />

Interpreters are expected to remain impartial, to ren<strong>de</strong>r each communication<br />

faithfully and accurately for all the parties present. The parties in the court are by <strong>de</strong>finition<br />

at conflict with each other, and they need to be sure the interpreter does not distort<br />

language in a way that favors the other si<strong>de</strong>. The interpreter represents the common<br />

communicative link for the non-English clients, legal professionals, judicial officers and<br />

government employees involved in a legal matter.<br />

“There is a natural ten<strong>de</strong>ncy for people who do not speak the official language of<br />

the courts to view the interpreter as an ally, a lifeline, especially if they are in a <strong>de</strong>sperate<br />

situation. They may ask the interpreter for advice about what they should do or what is<br />

going to happen to them. It is tempting to answer such questions by reassuring the person<br />

or explaining how the system works. You may sympathize with him, or you may be<br />

disdainful of him because he broke the law. Remember, though, that your real client is the<br />

court and the justice system, not an individual. (…) This neutral attitu<strong>de</strong> is often <strong>de</strong>scribed<br />

as “professional <strong>de</strong>tachment.” (Colin and Morris, 1996, apud Mikkelson 2000: 46)<br />

f. Confi<strong>de</strong>ntiality<br />

Interpreters must respect confi<strong>de</strong>ntiality all the time and they mustn’t try to take<br />

advantage of any information disclosed during their work. Any information obtained in the<br />

course of interpreting assignments should be treated as strictly confi<strong>de</strong>ntial. Breaching a<br />

client’s confi<strong>de</strong>ntiality can have <strong>de</strong>vastating consequences. Interpreters are generally<br />

cautioned not to make any public comment about cases they are assigned to interpret. It is<br />

important to resist the temptation to express opinion or even talk about how the trial is<br />

going in general terms. On the other hand, interpreters do need to talk to their colleagues or<br />

other experts about technical terms or other dilemmas, but they mustn’t reveal names or<br />

other sensitive information that might compromise confi<strong>de</strong>ntiality.<br />

5. Interpreting Techniques<br />

As opposed to translating, which is the transfer of a written message from one<br />

language to another and may take place years after the original message was written,<br />

interpreting is the transfer of an oral message from one language to another in real time.<br />

We usually speak of three types of interpreting: bilateral or liaison, consecutive<br />

and simultaneous.<br />

o Bilateral or Liaison Interpreting is wi<strong>de</strong>ly recognized as the first type of<br />

interpreting. In this situation the interpreter uses two languages to interpret for two<br />

or more people. This type of interpreting is still used today in informal situations,<br />

for business meetings and for community interpreting. Bilateral interpreters may<br />

need to be assertive and exert control over how much interlocutors say and when.<br />

They may need to ask clients to speak up. But what we usually come across in<br />

courts is simultaneous and consecutive interpreting.<br />

o Consecutive interpreting<br />

In consecutive interpreting, the interpreter listens to the totality of the speaker’s<br />

comments, or to a significant passage and then reconstitutes the speech using the<br />

notes he has taken while listening. Because the interpreter must wait for the<br />

speaker to finish before beginning the interpretation, consecutive interpreting<br />

makes the proceeding longer. But this type of interpreting seems to be very helpful<br />

for court interpreters; hedges, self-corrections and hesitations are omitted, making<br />

the interpreter’s job easier, being free to concentrate on the speaker’s i<strong>de</strong>as without<br />

being distracted by the paralinguistic elements of the message. A skilled court<br />

48

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