NCJ Number
63978
Journal
Bewaehrungshilfe Volume: 26 Issue: 2 Dated: (1979) Pages: 119-126
Date Published
1979
Length
8 pages
Annotation
PROBLEMS PRESENTED BY FOREIGN WORKERS IN COURT PROCEEDINGS ARE DESCRIBED FROM THE PERSPECTIVE OF A JUDGE.
Abstract
FOREIGNERS FROM THE UNDERPRIVILEGED CLASSES ARE FACED WITH LANGUAGE BARRIERS, NATIONAL AND CULTURAL DIFFERENCES, SOCIAL BARRIERS, AND A FEELING OF ISOLATION AND INFERIORITY. THE JUDGE CAN HELP TO OVERCOME THE INDIVIDUAL'S FEAR AND DISTRUST BY CREATING AN ATMOSPHERE OF FAIRNESS AND COURTESY; BY APPOINTING DEFENSE COUNSELORS WHO ARE CAPABLE OF EXPLAINING PROCEDURES TO IMMIGRANTS AND OF REPRESENTING THEIR INTERESTS; BY FINDING THE BEST INTERPRETERS, IF POSSIBLE WITH LEGAL QUALIFICATIONS TO MINIMIZE MISUNDERSTANDINGS; AND BY CHECKING THE WORK OF INTERPRETERS, EXPLAINING CONCEPTS, PLANNING EXTRA TIME FOR TRIALS OF FOREIGNERS, AND QUESTIONING POLICE INTERPRETERS. RELEVANT CULTURAL FACTORS EXPLICATED BY INTERPRETER-CONSULTANTS OR EXPERTS FAMILIAR WITH THE CUSTOMS OF THE COUNTRY IN QUESTION SHOULD BE TAKEN INTO CONSIDERATION, AND PSYCHOLOGICAL EXPERTS SHOULD BE CALLED UPON TO DEVELOP FURTHER THE STATEMENTS OF CULTURAL CONSULTANTS. THE ACCUSED FOREIGNER SHOULD BE INFORMED OF DELAYS IN HIS TRIAL SO THAT HE CAN DECIDE WHETHER THE DELAY IS ABSOLUTELY NECESSARY,--IN GERMAN. (KMD)