No Comprendo: The Non-English-Speaking Defendant and the Criminal Process (From Criminal Justice and Latino Communities, P 241-256, 1995, Antoinette S. Lopez, ed. - See NCJ-168536)

• NCJ Number: 168549
• Author(s): J B Safford
• Date Published: 1995
• Length: 16 pages
• Sale Source: Garland Publishing, Inc.
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

The rights of defendants who do not speak English are examined, with emphasis on current Illinois laws and appellate court decisions and their impact on Spanish-speaking defendants.

Abstract

Many problems are inherent in arresting, setting bail, arraigning, accepting a plea, and trying a defendant whose ability to understand and speak English is minimal or nonexistent. An analysis of the Illinois laws on interpreters and judicial decisions on the constitutional questions raised by failure to provide an interpreter suggests that Illinois is far behind the Federal courts of some other States in protecting the interests of criminal defendants with linguistic difficulties. The Illinois appellate court continues to defer to the trial court's discretion. Appointment of any interpreter is often a matter of chance. In addition, the trial record often reveals almost nothing of what an interpreter has communicated to the defendant or whether the defendant has understood. A hearing on a motion to withdraw a guilty plea, if appropriate and timely, or a petition on a writ of habeas corpus may be the only ways for defendants to create independent records of their disabilities. Until the Illinois Supreme Court establishes clear procedures and standards to determine the need and quality of interpretation, the rights of non-English-speaking defendants are not assured. Footnotes