Professional Issues and Prospects
Part 2 Legal Translation for National Public Institutions
Juan Miguel Ortega Herráez, Cynthia Giambruno and Erik Hertog 5 Translating for Domestic Courts in Multicultural Regions: Issues and New Developments in Europe and the United States of America 1. Introduction In the increasingly diverse societies in which we live, multilingual legal proceedings have become a norm rather than an exception. Therefore legal interpreting and translation (LIT) plays a crucial role in guaranteeing access to justice and fundamental rights. In this chapter, an analysis of the role translation plays in domestic courts will be examined while issues af fecting other legal settings, such as law enforcement agencies and international courts, will be dealt with in other chapters (Hickey; Tomić and Beltrán Montoliu). The main focus will be on the provision of translation services for criminal court proceedings, although references to interpreting are also included given the importance of interpreting in judicial settings. In fact, in academic research on LIT for the courts, more attention seems to be paid to interpreting than to translating. When translation is addressed, the approach used generally focuses on particular text-types, normally those of a purely legal nature, to the exclusion of a broader analysis of the common features that characterize court translation. This chapter includes a comparative analysis of the main issues sur- rounding translation for domestic criminal courts in Europe and the United States. First, a general framework on the legal foundations of translation and interpreting in criminal proceedings will be provided, both for Europe and the United States, given that written...
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