Evolution of Video-Mediated Legal Proceedings
Exploring the evolution of video-mediated legal proceedings, this content delves into past, present, and future scenarios. It discusses the challenges of language barriers, the balance between efficiency and effectiveness, and the use of remote interpreting in different legal contexts. From the slow courts of the past to the fast-paced technology of today, the shift towards remote interpreting is gaining traction, especially in European e-Justice initiatives. The importance of quality interpretation during videoconferencing in criminal cases is emphasized, highlighting the evolving landscape of legal proceedings.
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Presentation Transcript
Video Mediated Legal Proceedings: the past, the present and the future Carla M. Mathers, Esquire MARIE Center National Symposium on Video Interpreting June 4-6, 2012
Due Process Balancing Forum for vindication of rights; Perception of fairness; Language barriers must be remediated; & In person interpreter Remote interpreter Other configuration Efficiency versus effectiveness
Configurations Video Mediated Proceedings &
All parties remote & Court Interpreter Deaf
Interpreter & Deaf Party Remote Interpreter & Deaf Consumer Court
Deaf Party Remote & Deaf party remote Interpreter in court
Interpreter Remote Interpreter remote Deaf party in court
The past: Courts are slow; technology is fast & Telephone interpreting Videoconferencing Remote mediated proceedings
There is no case law yet concerning the position of the interpreter during videoconferencing in criminal cases. In this connection, the general rule applies that the responsibility of the government is not limited to appointing an interpreter, but that it should also ensure that the interpreter and his/her interpretation are of sufficient quality.
The present European e-Justice Initiative Witnesses Experts Suspects Police stations Prisons Asylum & Immigration contexts
VRI under development in Ireland. We specialize in medical remote interpreting. www.indemandinterpreting.com. BISVRI added 20 new clients in 2011 to the former 100 VRI clients they have. USAVRI.com designed to allow interpreters to work from home and build their own businesses. TCSVRI interpreted over 25,000 minutes in the first 6 months of a national contract.
VRI Pilot Projects California Judicial Council project Nebraska Pilot Project Texas Office of Court Administration, Remote Interpreting project Legal Services Corporation, Technology Initiative Grant Program (TIG) Cameras in Court Digital Video Pilot
Federal guidance Federal Rule of Criminal Procedure Requires defendant s presence, unless . Rusu v. INS, 296 F.3d 316 (4thCir. 2002)(videoconferencing may make it difficult to make credibility determinations and gauge demeanor). ABA Standards on Language Access, adopted as ABA Policy 2012.
The most promising technology to advance language interpreting services is remote video interpreting services. White Paper on Court Interpretation: Fundamental Access to Justice. Conference of State Court Administrators (COSCA). November 2007.
Advantages (real or perceived) Safer to have convicted criminal remote & Video retained as official record Enables sharing of resources More cost efficient Lack of certified interpreters
Currently used Missouri Initial appearances Arraignments Waiver of preliminary hearing Sentencing after guilty plea Proceedings not involving cross examination Florida Probation violations Status hearings
Currently used Wisconsin High travel vis a vis import of hearing No certified/qualified available for emergency or short notice Local interpreter discloses irreparable conflict of interest Walk in matters
Disadvantages (real or perceived) Two dimensional medium Trust lost if system inefficient Natural turn taking more difficult & More stressful because new Technology problems Macquarie University study
VRI Ineffective (Florida) Multiple pleas Demonstrative evidence Recordings or illustrations Deaf person has a mental illness, intellectual or cognitive disabilities Deaf person is a minor Deaf person is heavily medicated, intoxicated or injured when the Deaf person has additional visual impairments.
VRI Ineffective (Wisconsin) & Certified interpreter close Intensive testimony/emotionally charged & Lengthy or contentious cross examination & Proceedings longer than 15 minutes Complicated multi-party evidentiary hearings or trials
Miscellaneous considerations & Any time communication is difficult to establish Cases involving children People with mental illnesses Unsophisticated users of interpreting services Deaf-blind people or People with profound speech or language problems. &
Establishing standards & Who creates them? What do they relate to? Where is the Deaf perspective? Who makes the ultimate decision? &
Legal Interpreting Protocol Issues Privileged communications Oath Voir dire Recording Preparation (case file and access to participants) Admission of evidence Interjecting interpreter needs (bench conferences) Visual issues/turn taking
Wisconsin program In advance: Qualifications/conflicts of interest Language compatibility Equipment testing Preparatory documents Sound/video check Interpreter prepares with Deaf and attorney or clerk
Wisconsin program On-site: Voir dire for the record Ensure audio/video quality Speak clearly, slowly and one at a time Remind others to be quiet Require speakers to identify by name before speaking Require consecutive interpretation
Remote Interpreting 2024 Where will we be?
Remote Interpreting 2024 & Where will we be working?
