Annotated Bibliography: Articles
This annotated bibliography was prepared by Sandra McClure in 2020.
These articles (below) are resources that are of interest to ASL legal interpreters. The descriptive and evaluative paragraph associated with the citation conveys the quality and relevance of the resource which assists in determining if the resource is of actual interest.
Additional resources are available within this Annotated Bibliography.
NOTE: This page was last updated November 2021.
- Ainsworth, J.E. (1993). In a different register: The pragmatics of powerlessness in police
interrogation. Yale Law Journal, 103, 259鈥�322.
Key Words: police interrogation, pragmatics, legal interpreting
In this study, Ainsworth demonstrates that the invocation of the right to counsel during custodial police interrogation is a gendered doctrine that privileges male speech norms.
Link to Article: - Andrews, J.F., Vernon, M., & LaVigne, M. (2007). The bill of rights, due process and the Deaf suspect/defendant. Journal of Interpretation, 2007, 9-38.
Key Words: Bill of Rights, Deaf, defendant, suspect, interpreting, comprehension, semilingual
The paper focuses on a segment of deaf people, approximately 30 percent, who are classified as semilingual, meaning they are functionally illiterate (reading level grade 2.9 or below) and lack proficient English or sign language skills. These individuals can face seemingly intractable problems if they become involved with the criminal justice system at any level from arrest, interrogation, court hearings, incarceration, parole, to probation. Due to their impoverished linguistic skills and resulting lack of general information, they are denied basic rights granted them by the Bill of Rights and the Fourteenth Amendment to the United States Constitution, and by state statutes and state constitutions. We address the unique psycholinguistic, educational, interpreting and cultural issues that cause these legal problems. We take eleven legal documents designed to inform individuals of their rights and obligations and determine the reading level required to understand them. The results clearly demonstrate that semilingual deaf defendants cannot read and understand these documents. Evidence is also presented which indicates that even with a sign language interpreter, the deaf semilingual population cannot comprehend the documents.
Link to Article: - Baker, E.D. (2007). Legal implications for deaf and hard of hearing offenders in corrections:
Risks and opportunities. Sheriff, 59(1), 11-12.
Key Words: ADA, interpreter, Deaf, legal, accommodation
To ensure equal access to programs, services, and activities this paper suggests prisons should conduct an intake assessment as soon as possible with each Deaf or Hard-of-Hearing offender who stays in custody to determine communication needs. Furthermore, the article suggests providing staff training on the topic of Deaf and Hard-of-Hearing offenders.
*Not Available - Bancroft, M.A., Bendana, L., Bruggeman, J., & Feuerle, L. (2013). Interpreting in the gray zone: Where community and legal interpreting
intersect. Translation & Interpreting, 5(1).
Key Words: community interpreting, legal interpreting, court interpreting, medical interpreting, ethics, advocacy
This article defines interpreting in legal settings outside the courtroom is an area where community and legal interpreting intersect as a 鈥済ray zone鈥� and discusses where the rules from each of these areas may mesh or collide.
Link to Article: - Bentley-Sassaman, J., & Dawson, C. (2012). Deaf-Hearing interpreter teams: A teamwork approach. Journal of Interpretation, 22(1), Article 2.
Key Words: teams, Deaf, hearing, legal, teamwork, court
This article explores the need for Deaf-hearing interpreter teams. In legal settings, the demand for more Deaf-hearing interpreter teams when there is a case involving a Deaf person is increasing. Supplying a Deaf-hearing team provides the Deaf client access to the language of the court (Mathers, 2009b). Hearing interpreters do not always possess the proficiency needed and is why Deaf interpreters are needed to complement the hearing interpreters鈥� interpretations and provide a higher quality of services (Mathers, 2009a).
Link to Article: - Berko, M.L. (1992). Preserving the Sixth Amendment rights of the Deaf defendant. Dickinson Law Review, 97(1), 101-130.
Key Words: constitutional rights, Deaf, defendant, interpreter
Discussion of the Constitutional rights of deaf defendants. Includes the rights to confrontation and to effective assistance of counsel. Inventories the various methods of communicating with deaf defendants and critiques each (i.e., lipreading, writing, interpreting).
Link to Article: - Braun, S. (2013). Keep your distance? Remote interpreting in legal proceedings: A critical
assessment of a growing practice interpreting. International Journal of Research and Practice in Interpreting, 15(2), 200-228.
Key Words: remote interpreting, legal proceedings, law, court, international
This paper investigates the viability of remote interpreting in legal contexts through the use of video conferencing. Some key findings include a significantly higher number of interpreting problems, and a faster decline of interpreting performance over time. The paper also discusses the potential legal consequences of the problems identified.
Link to Article, Account or Purchase Required: - Brennan, M. (1999). Signs of injustice. The Translator, 5(2), 221-246.
Key Words: court settings, sign language interpreting, role, quality
This article discusses British Sign Language (BSL)/English interpreting in the particular context of the courtroom and describes problems resulting from lack of awareness, differences between the languages and modes, and mismatches regarding the interpreter鈥檚 role in court, all of which pose challenges to Deaf people鈥檚 access to the legal system.
Link to Article, Account or Purchase Required: - Brick, K., & Beldon, J. (2014). Interpreting without a Deaf Interpreter is an RID CPC violation. StreetLeverage.
Key Words: CDI, Deaf, policy
Kelby Brick suggests that a shift in paradigm and policy is needed to ensure the consistent presence of Deaf interpreters. Potentially life-altering situations and settings call for the skills of a Deaf interpreter, however providing Deaf interpreters is inconsistent.
Link to Article: - Brunson, J. L. (2007). Your case will now be heard: Sign language interpreters as problematic
accommodations in legal interactions. Journal of Deaf Studies and Deaf Education, 13(1).
Key Words: interpreter, problematic accommodation, legal, court, Deaf
Presents a qualitative study of the experiences that deaf people have regarding accommodations in the legal setting 鈥� specifically with interpreters. The author finds that three major themes emerged including the person鈥檚 experience obtaining an accommodation; obtaining one that is problematic; and obtaining a partial accommodation due to internal ineffectiveness of the interpreter.
Link to Article: - Burn, J. & Crezee, I. (2017). "That is not the question I put to you, Officer": An analysis of student
legal interpreting errors. International Journal of Interpreter Education, 9(1). 40-56.
Key Words: legal discourse, question forms, court, legal, interpreter training, audiovisual interpreting practice, situated learning approaches
A study conducted to analyze which legal questions posed challenges to interpreting students. Legal questions are designed to achieve a large variety of functions and are not the most obvious as the meaning is not literal, or there is no direct lexical or grammatical equivalent in the target language. Preparing interpreting students for interpreting legal questioning is very difficult and best achieved by exposing learners to a wide range of question forms in a safe practice environment.
Link to Article: - Davidson, F., Kovacevic, V., Cave, M., Hart, K., & Dark, F. (2014). Assessing fitness for trial of Deaf defendants. Psychiatry, Psychology and Law, 22(1), 1-12.
Key Words: fitness for trial, Deaf, defendant
Forensic assessments, such as fitness to stand trial, of deaf people within the criminal justice system can be particularly challenging. This article raises issues of social justice and how working with deaf people in mental health settings requires specific knowledge and skills with the aim to increase awareness of some of the issues faced by prelingually deaf people who encounter the mental health and criminal justice systems.
Link to Article, Account or Purchase Required: - Duvall, J. (2004). Deaf and hearing-impaired offenders in the prison system. Corrections Compendium, 29(3), 5-7, 33-34.
Key Words: Deaf, offenders, prison system, inmate
The incarceration of Deaf offenders has caused problems in prison systems throughout the US, for individual prisons and also for deaf inmates. Duvall discusses solutions that can help deaf inmates cope with communication barriers, ease the tension between inmates and officials, and prevent behavioral problems among Deaf inmates.
*Not Available - Fallahay, J. (2001). The right to a full hearing; improving access to the courts for people
who are deaf or hard of hearing. Reference and Research Book News, 16(2).
Key Words: improving access, court, legal, Deaf, interpreting, training
This article provides an introduction to understanding the basic legal system issues, communicating with people who are deaf or hard of hearing and training court personnel and others who strive to make the courts fully accessible. The article further details the provisions of the Americans with Disabilities Act (ADA) and what it means to state and local courts.
*Not Available - Farber, B.J. (2009). Police interactions with Deaf persons. AELE Monthly Law Journal, 101-111.
Key Words: police, law enforcement, Deaf, issues
This article explains and describes difficult issues that may arise concerning communication with Deaf persons who may be criminal suspects, arrestees, crime victims, persons in need of assistance, or witnesses.
Link to Article: - Feuerle, L.M. (2013). Testing interpreters: Developing, administering, and scoring court
interpreter certification exams. The International Journal of Translation and Interpreting Research, 5(1).
Key Words: court interpreter, court interpreter testing, court interpreter exams, interpreter testing, federal court interpreter examination, consortium test, National Center for State Courts
Legal examinations for interpreters share numerous communalities, but they are also different in a variety of ways. This paper provides an overview of the three national testing models, with an overview of the similarities and differences as well as the advantages and disadvantages of each model.
Link to Article: - Framer, I. (2006). Interpreting the interpreter: What every legal assistance for victims
attorney and advocate needs to know about legal interpretation. The Interpreters Voice, Summer, 10-15.
Key Words: attorney, victims, legal, interpretation
This article provides a suggested guide for what every legal assistance for victims attorneys and advocates needs to know about the interpreter.
Link to Article: - Frishberg, N. (1995). Role of the linguist-interpreter as expert witness. Journal of Interpretation.
Key Words: expert witness, linguist, interpreter, role
This article discusses the implications of an interpreter called for expert witness testimony or for expert assessment.
PDF of Article: Role of the Linguist-Interpreter as Expert Witness - Gardner, E. (1985). Deaf victims and defendants in the criminal justice system. Washington,
D.C: National Clearinghouse for Legal Services.
Key Words: Deaf, criminal justice system, defendant
This article analyzes how the judicial system treats Deaf victims and defendants and suggests methods that should be adopted for effective service of Deaf persons.
*Not Available - Greene, D. (2011). Just what they said: Interpreting intentionally vague language. Views, 28(2), 38-39.
Key Words: court interpreting, legal, vague language
Daniel Greene explains the intentional use of vague language and the importance of maintaining vague language in rendered interpretations.
PDF of Article: Just What They Said - Hale, S. (2007). Interpreters' treatment of discourse markers in courtroom questions.
International Journal of Speech Language and the Law,6(1), 57-82.
Key Words: discourse markers, interpreter, cross-examination, lawyer
This paper describes the different uses of discourse markers as found in lawyers鈥� questions during direct examination and cross-examination. This article suggests that discourse markers are used as devices of argumentation and confrontation, mostly initiating disagreements or challenges, as devices used to maintain control of the flow of information, and to mark progression in the story-line. The paper also describes the treatment of such markers by court interpreters, where it was found that interpreters predominantly omitted or mistranslated these markers.
Link to Article, Account or Purchase Required: - Hale, S. (2014). Interpreting culture: Dealing with cross-cultural issues in court interpreting.
Perspectives, 22(3), 321-331.
Key Words: cross-cultural differences, cross-cultural misunderstandings, pragmalinguistic and sociopragmatic failure, alerting courts and tribunals, interpreter protocols
This article discusses the results of a questionnaire which asked practising legal interpreters whether they alerted judicial officers and tribunal members of potential cross-cultural differences. Furthermore, the study also asked judicial officers and tribunal members about their expectations of interpreted situations. The results of the study suggest a need for greater guidance and clearer protocols for interpreters working in the legal system.
Link to Article: - Hale, S.B. (2006). Themes and methodological issues in court interpreting research. Linguistica Antverpiensia,5.
Key Words: court interpreting and translating, courts, translating, interpreting, discourse analysis, translators, witnesses
This paper reviews major research projects to date, highlights their strengths and weaknesses, identifies the gaps that exist in our knowledge of the field of court interpreting and propose further research studies to fill such gaps.
Link to Article: - Hale, S.B. (2007). The challenges of court interpreting: Intricacies, responsibilities
and ramifications. Alternative Law Journal, 32(4), 198鈥�202.
Key Words: challenges, courtroom, interpreting, faithfully, legal
This article discusses challenges faced by court interpreters in attempting to interpret truly and faithfully, responsibilities of the interpreter and the ramifications of an inaccurate interpretation.
Link to Article, Account or Purchase Required: - Hale, S., & Napier, J. (2016). 鈥淲e're just kind of there鈥�: Working conditions and perceptions of appreciation
and status in court interpreting. Target: International Journal of Translation Studies, 28(3), 351鈥� 371.
Key Words: working condition, perception, court, interpreting, legal
This paper explores legal issues from the perspective of working conditions and professional status. A survey was conducted in Australia about working conditions, court protocols and professional status, as well interpreters opinions about what affects the quality of their work and what improvements may be necessary.
Link to Article, Account or Purchase Required: - Hale, S., San Roque, M., Spencer, D., & Napier, J. (2017). Deaf citizens as jurors in Australian courts: Participating via professional
interpreters. International Journal of Speech, 24(2), 151-176.
Key Words: Deaf, juror, Australia
Currently Australian Deaf citizens are not permitted to perform jury duty, primarily due to their inability to participate in the proceedings without the help of interpreters. Interpreters are used to interpret for defendants or witnesses in court, however current legal frameworks do not allow interpreters to enter the deliberation room as a 鈥榯hirteenth person鈥�, for fear the interpreter may influence the jurors in their decision-making. This paper analyzes jury deliberations with one deaf juror and two Auslan interpreters, and results from a focus group discussion with the eleven hearing jurors and an interview with the deaf juror about their experience.
Link to Article, Account or Purchase Required: - Harry, B., & Dietz, P. (1985). Offenders in a silent world鈥�: Hearing impairment and deafness in relation
to criminality, incompetence, and insanity. American Academy of Psychiatry and the Law, 13(1), 85-96.
Key Words: Deaf, insanity, criminal, hearing impairment
This article conducted a study of profoundly deaf defendants and searched for a link between hearing impairment and adult criminality as well as hearing impairment and juvenile delinquency.
Link to Article: - Huffman, S. (2017). Incarceration: Opportunity or a sign language interpreter鈥檚 scarlet letter? StreetLeverage.
Key Words: incarceration, interpreting
Formerly incarcerated individuals acting as sign language interpreters? Scott Huffman opens the dialogue about representation, second chances, and the American Dream.
Link to Article: - Karton, J. (2008). Lost in translation: International criminal tribunals and the legal implications
of interpreted testimony. Vanderbilt Journal of Transnational Law, 41(1).
Key Words: international, witness testimony, courtroom, legal, interpreter
When courtroom interpreters translate a witness鈥檚 testimony, errors are not just possible, they are inherent to the process. Moreover, the occurrence of such errors is not merely a technical problem; errors can infringe on the rights of defendants or even lead to verdicts based on faulty findings of fact. International criminal proceedings, which are necessarily multilinguistic, are both particularly susceptible to interpretation errors and sensitive to questions of procedural fairness. This Article surveys the history and mechanics of courtroom interpretation, explains the inherent indeterminacy of translated language, and describes the other sources of inaccuracy in interpreted testimony. It then assesses the impact that errors in interpretation may have on fact finding by international criminal tribunals and on the rights of international criminal defendants. The Article concludes by suggesting some low-cost and easy-to-institute measures that will reduce the likelihood that a judgment will turn on an inaccurate interpretation. Improving the quality of translation will buttress the rightness of the international criminal tribunals鈥� judgments and the fairness of their procedures.
Link to Article, Account or Purchase Required: - Knodel, R.K. (2018). Coping with vicarious trauma in mental health interpreting. Journal of Interpretation, 26(1).
Key Words: vicarious trauma, mental health, Deaf, interpreting, emotional, interpreter education, coping, self-care
Due to the highly emotional nature of mental health assignments, interpreters are at an increased risk for experiencing vicarious trauma. This study investigates the available training regarding vicarious trauma in current interpreter education. Through a survey analysis, debriefing was chosen as the most utilized strategy for reducing vicarious trauma but was also identified by some interpreters as a potential breach of confidentiality. Knodel explains while some interpreters have developed their own self-care routines, there is still a significant gap in educating interpreters about managing the adverse effects of vicarious trauma.
Link to Article: - LaVigne, M., & Vernon, M. (2003). An interpreter isn't enough: Deafness, language and due process. Wisconsin Law Review, (5), 844鈥�936.
Key Words: Deafness, language, interpreting, due process, criminal law
Prelingual deafness (hearing loss from birth or early childhood) is a complicated communication disorder that has a profound effect on language and knowledge acquisition, language usage, and overall linguistic ability. This means that most deaf defendants will be at a marked disadvantage in their dealings with the criminal or juvenile justice systems. It also means that simply providing an interpreter will not be an adequate remedy. This article looks at the intertwined issues of deafness, language, interpretation, and their cumulative effect on deaf people's ability to meaningfully participate in the justice system. \ Provides a thorough explanation of the various linguistic issues present within the deaf community. Focuses on deaf individuals who have been declared or at risk of being deemed linguistically incompetent even with skilled interpreting provided by deaf interpreters.
Link to Article, Account or Purchase Required: - Lee, J. (2009). Conflicting views on court interpreting examined through surveys of legal
professionals and court interpreters. Interpreting, 11(1), 35鈥�56.
Key Words: ambivalence, court interpreters, court interpreting, cultural intervention, legal professionals, role
This survey-based study examined the views of legal professionals and interpreting practitioners in Australia. Specifically, analyzing the role of the court interpreter and the quality of interpreting as well as reveals a statistically significant gap between the perceptions of the two professional groups. However, both groups supported specialist certification for court interpreters.
Link to Article, Account or Purchase Required: - Lemon, N. (2006). Access to justice: Can domestic violence courts better address the needs
of non-English speaking victims of domestic violence? Berkeley Journal of Gender, Law & Justice, 21(1), 38鈥�58.
Key Words: domestic violence, Deaf, interpreter, victims
This study analyzed the need for free professional interpreters in civil domestic violence cases in the United States. Furthermore, it argues that states or counties which do not provide this service are in fact denying victims of domestic violence access to the courts.
Link to Article: - Liu, X., & Hale, S. (2018). Achieving accuracy in a bilingual courtroom: The effectiveness of specialised
legal interpreter training. The Interpreter and Translator Trainer, 12(3), 1鈥�23.
Key Words: training, accuracy, legal interpreting
This study analyzed whether specialised legal interpreter training is effective in improving interpreting accuracy among trainee interpreters. The study found that specialized training is conducive to improving interpreters鈥� pragmatic accuracy and that interpreters who receive more training tend to perform better on accuracy than those who receive less training. These results are consistent with the value of specialised training.
Link to Article, Account or Purchase Required: - Mathers, C. (2012). How practicing sign language interpreters protect against legal liability. StreetLeverage.
Key Words: Legal, court, liability
Carla Mathers In order to protect their livelihood, sign language interpreters must consider the risks and costs of doing business in a practice profession. Carla Mathers addresses some commonly expressed concerns and considerations to explore regarding legal liability.
Link to Article: - Mathers, C. (2014). Perception conflicts: The role of sign language interpreters in court. StreetLeverage.
Key Words: Legal, court, Carla Mathers, conflict, rules
Carla Mathers explains the ways that interpreters in legal settings can manage and reconcile encountering conflict with the values and norms of Deaf culture while working in the legal system.
Link to Article: - Mathers, C.M. (2002). To testify or not to testify, that is the question. Views, October.
Key Words: interpreter, testifying, subpoena
Provide guidance and information to interpreters who have been subpoenaed to testify about prior interpreting.
Link to Article: - Mathers, C.M. (2005). United States v. Davis: The linguistic litmus test for exercising a
constitutional right. Journal of Interpretation.
Key Words: Miranda Warning, linguistics litmus test, constitutional right, Deaf, interrogation, interpreter
Discusses a Supreme Court case interpreting Miranda in which the court announced that to obtain an attorney, after one has already waived their rights and agreed to talk with the police, a suspect must state unequivocally that one wants an attorney. Discusses the implications for interpretation and the power dynamics that exist when a deaf person is interrogated.
*Not Available - Mathers, C.M. (2006). The murky waters of testifying in court. Views, November, 13-14 & 36.
Key Words: testifying, legal, interpreting, subpoena
Explains the legal basis for understanding why counsel subpoena interpreters and practical suggestions for interpreters in preparing to testify.
PDF of Article: Murky Waters of Testifying in Court - McAlister, J. (1994). Deaf and hard-of-hearing criminal defendants: How you gonna get justice
if you can't talk to the judge? Arizona State Law Journal, 26(1), 163鈥�200.
Key Words: Deaf, hard-of-hearing, criminal, defendant, interpreter, ASL
... Even in situations where law enforcement officers are required to inform deaf suspects of their rights, the informational act, such as delivery of Miranda warnings, may fail to actually inform the deaf person because of the communication method chosen by the law enforcement officer. ... A deaf person cannot be fairly judged using the same criteria employed for a hearing person. ... Part II discusses the deaf person with minimal language skills and the unique nature of communicating with such individuals. ... Interpreters may accept only those assignments where their skills are appropriate for the setting and the deaf person; ... Interpreters who fail to assess the deaf person's needs are impeachable. ... For adequate comprehension, a deaf person must understand both the method and the content of the communication . Individuals with minimal language skills typically do not have the conceptual framework for legal concepts, just as they do not have the linguistic skills necessary to convey those legal concepts. ... If the deaf person understands those ASL signs, the deaf person will understand the term "subpoena." If, however, the deaf person is not fluent in ASL and does not understand what is signed, the person will not understand the term "subpoena. ... It is common for a deaf person to nod his or her head in agreement without fully understanding the nature of the assent. ... A "yes" response to a question like "do you understand these rights?" may not mean that the deaf person understands her rights. ...
Link to Article, Account or Purchase Required: - McCay, V., & Miller, K. (2005). Obstacles faced by Deaf people in the criminal justice system. American Annals of the Deaf, 150(3), 283-91.
Key Words: Deaf, criminal justice, legal, interpreter, ASL, issues
This paper discusses the pitfalls for Deaf people, especially those who are not well educated, and how they are at risk for serious injustices when they enter the criminal justice system and lack awareness of their legal rights. This study describes these risks at all stages of the legal process, including arrest, trial, probation, prison, and parole.
Link to Article: - Miller, K. (2001). Access to sign language interpreters in the criminal justice system.
American Annals of the Deaf, 146(4), 328鈥�330.
Key Words: Deaf, defendant, offender, ADA, communication, interpreters, law enforcement, offender, criminal justice system
Historically, it has been problematic for the criminal justice system to provide sign language interpreters to deaf suspects, defendants, and offenders. This study considered access issues concerning sign language interpreters in law enforcement, courtrooms, and correctional settings. Some recommendations suggested from the study are to increase the accessibility of interpreting services include providing ongoing awareness training to criminal justice personnel, and developing training programs for deaf legal advocates.
Link to Article: - Miller, K. R. (2004). Linguistic diversity in a deaf prison population: Implications for
due process. Journal of Deaf Studies and Deaf Education, 9(1), 112-119.
Key Words: ADA, Deaf, interpreting, ASL
The linguistic skills of Deaf prison inmates of Texas were assessed using the following measures: (1) Kannapell's categories of bilingualism, (2) adaptation of the diagnostic criteria for Primitive Personality Disorder, (3) reading scores on the Test of Adult Basic Education, & (4) an evaluation of sign language use & skills by a certified sign language interpreter.
Link to Article: - Miller, K., & Vernon, M. (2002). Assessing linguistic diversity in Deaf criminal suspects. Sign Language Studies, 2(4), 380鈥�390.
Key Words: ADA, linguistic diversity, Deaf, interpreter
This article focuses on how linguistic diversity in deaf suspects can create serious communication complications, even for professional sign language interpreters (Miller and Vernon 2001; Wisconsin v. Hindsley 2000). The failure of law enforcement to consistently provide effective communication to signing deaf suspects throughout the interview and arrest process has been well documented in a number of post-ADA criminal case summaries (Georgia v. Hendrix 1996; Michigan v. Brannon 1992; Minnesota v. Voight 1992; Rawls v. Florida 1992; Rosen v. Maryland 1997; Tennessee v. Perry 1999). However, the literature rarely considers specific linguistic and functional issues of deaf criminal suspects and what effective communication entails (Vernon and Coley 1978; Vernon and Raifman 1997; Vernon et al. 2001).
Link to Article: - Miller, K., Vernon, M., & Capella, M. (2005). Violent offenders in a Deaf prison population. Journal of Deaf Studies and Deaf Education, 10(4), 417-425.
Key Words: Deaf, prison, violent offenders
This study compares the incidence and types of violent offenses of a deaf prison population in comparison to the hearing prison population in Texas.
Link to Article: - Miller, K.R. (2003). Signs of prison life: Linguistic adaptations of Deaf inmates. Journal of interpretation.
Key Words: Deaf, inmate, correctional, communication access, Deaf interpreter
Author presents the results of a preliminary analysis of language use of 96 deaf prisoners in Texas. While results indicate 90% use sign language approximately 20% use non-standard sign language which indicates the need for deaf interpreters in those correctional settings for communication access.
PDF of Article: Signs of Prison Life: Linguistic Adaptations of Deaf Inmates - Miller, K.R., & Vernon, M. (2001). Linguistic diversity in Deaf defendants and due process rights. The Journal of Deaf Studies and Deaf Education, 6(3), 226鈥�234.
Key Words: due process, Deaf, linguistic diversity, defendant, criminal justice system
Miller and Vernon discuss that it is the responsibility of the court to ensure that the appropriate accommodation is provided in the language most readily understood by the defendant regardless of the language complexities.
Link to Article: - Miller, K.R., & Vernon, M. (2002). Qualifications of sign language interpreters in the criminal justice
system. Journal of Interpretation.
Key Words: legal, qualifications, criminal justice system, sign language, interpreter
This article discusses results from a survey regarding the shortage of qualified legal interpreters, Deaf interpreters and persons of color.
PDF of Article: Qualifications of Sign Language Interpreters in the Criminal Justice System - Morris, R. (1995). The moral dilemmas of court interpreting. The Translator, 1(1), 25- 46.
Key Words: court, interpreting, moral dilemma, role
This article discusses the practicability of the distinction between translation and interpretation and speculates on the reasons for its existence. Additionally, the article discusses a more realistic understanding of interpreters role, as recognized professionals, court interpreters can more readily assume the latitude they need in order to ensure effective communication in the courtroom.
Link to Article, Account or Purchase Required: - Murphy, K. (2012). Warning: Explicit content! A case for profanity education and a collection
of strategies used by sign language interpreters. Journal of Interpretation, 19(1), Article 3.
Key Words: profanity, interpreter, strategies, cultural differences
This article discusses the importance of profanity. Profanity is considered to be extremely powerful, commonly misunderstood, and interpreters do not have the luxury of ignoring this class of words. The article suggests providing profanity education to sign language interpreters, there is potential for improvement in service delivery.
Link to Article: - Napier, J., & Haug, T. (2017). Justisigns: A European overview of sign language interpreting provision
in legal settings. Law, Social Justice & Global Development, 2016(2).
Key Words: Justsigns, legal, interpreting, overview
This paper reports on a survey that was developed as part of the JustSigns project. This report provides an overview of the current status of sign language interpreting in legal settings across Europe. The goal of the data collected is to better understand what the training needs of interpreters, and other stakeholders such as police officers and deaf people themselves might be.
Link to Article: - Napier, J., & Leneham, M. (2011). 鈥淚t was difficult to manage the communication鈥�: Testing the feasibility
of video remote signed language interpreting in court. Journal of Interpretation, 21(1), 5.
Key Words: remote interpreting, legal, court, interpreter
This study sought answers to questions concerning consumer comfort levels, integrity of interpreting process, and optimum settings video remote interpreting services. Conclusions from the study include the need to carefully consider the technological, linguistic, environmental, and logistical issues before establishing remote interpreting services.
Link to Article: - Napier, J., & Leneham, M. (2011). Video remote sign language interpreting for legal purposes: Assessing feasibility
and effectiveness. Australia: Macquarie University.
Key Words: signed language interpreting, courtroom discourse, video conference, remote interpreting
This study analyzed remote access to sign language interpreting in court. The aim of the project was to assess the quality of the interpretations when interpreters or deaf people are in different locations, and the stakeholder perceptions of interpreted interactions experienced remotely.
Link to Abstract: - Napier, J., & McEwin, A. (2015). Do Deaf people have the right to serve as jurors in Australia. Alternative Law Journal, 40, 23-27.
Key Words: court settings, sign language, users鈥� views, accuracy
In Australia, Deaf people are still excluded from serving as jurors. This article discusses the possibility of having Deaf people serving as jurors utilizing a sign language interpreter. The article looks at the United States (U.S.) where deaf people have been able to serve as jurors for more than thirty years.
Link to Article, Account or Purchase Required: - Napier, J., & Spencer, D. (2017). Jury instructions: Comparing hearing and deaf jurors' comprehension via
direct or mediated communication. International Journal of Speech, Language and the Law, 24(1), 1鈥�29.
Key Words: juror, Deaf, comprehension, jury instructions
This project investigated the ability of deaf people using sign language interpreters to serve as jurors in Australia. This study compared the level of comprehension of 30 deaf jurors to 30 non-deaf (鈥榟earing鈥�) jurors comprehension of jury instructions. The study found that deaf and hearing people equally misunderstood the content of jury instructions.
Link to Article, Account or Purchase Required: - NCIEC Legal Interpreting Workgroup. Prepared by: Mathers, C.M. (2009). The Deaf interpreter in court: An accommodation that is more than reasonable.
Key Words: Deaf interpreter, court, accommodation, reasonable accommodation, legal, interpreter
Provides legal authority derived from statutes, cases, court practices and social science research supporting the use of deaf interpreters in court in a variety of settings. Delineates characteristics of deaf litigants, interpreters who can hear and specific environmental challenges that suggest the legal assignment be staffed with deaf interpreters. Surveys the state of the legislative environment with respect to provisions permitting or requiring the use of deaf interpreters.
Link to Article: - Ng, E. (2016). Interpreter intervention and participant roles in witness examination.
International Journal of Interpreter Education, 8(1), 23-39.
Key Words: interpreter intervention, interpreter-initiated turns, participant role, court actors
The court interpreter code of ethics requires interpreters restrict their function strictly to interpreting and to refrain from clarifying ambiguity with the speaker, especially with a witness. If interpreter intervention is inevitable, the code of ethics suggests that permission be sought from the court to ask for clarification. This article demonstrates how the court interpreter changes their participant role in the court proceedings by initiating turns with the speaker. Furthermore, the paper discusses the impact of interpreter intervention and also implications for interpreter education.
Link to Article: - 翱鈥橞谤颈别苍, L. (1985). Interpreting in substance abuse treatment settings. Journal of interpretation.
Key Words: substance abuse, interpreting
This article explains about the need for interpreting in substance abuse treatment settings and the fact that an interpreter is a vital part of a Deaf person's recovery.
PDF of Article: Interpreting in Substance Abuse Treatment Settings - Per-Lee, M., Cogswell, V., & Pace, C. (1985). Victim/witness: Implications for the interpreter. Journal of interpretation.
Key Words: victim, witness, interpreter
Interview discussing the needs for interpreting for Deaf victims and witness of a crime.
PDF of Article: Victim/Witness: Implications for the Interpreter - Pollard Jr., P.Q. & Berlinski, B.T. (2017). Forensic evaluation of Deaf individuals: Challenges and strategies.
Journal of Social Work in Disability & Rehabilitation, 16(3-4), 261-275.
Key Words: American sign language, competency, criminal responsibility, deaf, deaf and hard of hearing, evaluation, forensic, legal, mental health
This article describes the challenges in competency to stand trial and criminal responsibility evaluations and offers strategies for overcoming them. Pollard and Berlinski encourage qualified, sign-fluent professionals to engage in forensic work.
Link to Article, Account or Purchase Required: - Porter, S., Yuille, J., & Bent, A. (1995). A comparison of the eyewitness accounts of deaf and hearing children.
Child Abuse & Neglect, 19(1), 51鈥�61.
Key Words: eyewitness, Deaf
This study compared the accuracy of the information contained in the eyewitness accounts of deaf and hearing children. Although the accuracy scores of the two groups did not differ in free recall, the deaf children provided much less accurate responses to directive questions than hearing children.
Link to Article, Account or Purchase Required: - Potterveld, T. (2008). Deaf suspects and constitutional rights. Views.
Key Words: Deaf suspect, constitutional rights, interpreting, police, law enforcement, waive rights, Miranda Warning, interpreter role, interaction
This paper uses the court case PEOPLE OF THE STATE OF MICHIGAN v MARY ANN MCBRIDE to explore issues of interpretation in law enforcement settings. Specific issues addressed in this article include the concept of whether a Deaf suspect is capable of 鈥渒nowingly鈥� waiving their constitutional rights found in the Miranda Warning, interpreter roles and accountability, and the importance of preserving a visual record of police, deaf suspect, and interpreter interactions.
Link to Article: - Potterveld, T. (2016). Scales of justice: Legal ramifications for sign language interpreters. StreetLeverage.
Key Words: Court, protect, Deaf, Constitutional Rights
This article discusses the 2016 court decision, Clarence Cepheus Taylor, III v. State of Maryland and why it is important for interpreters to understand. This court decision establishes safeguards to protect Deaf people鈥檚 Constitutional rights as well as allowing the court to hold interpreters accountable for their interpretations.
Link to Article: - Potterveld, T., & Horrell, N. (2014). VRS sign language interpreters: An appropriate
legal tool? StreetLeverage.
Key Words: remote interpreting, legal
Tara Potterveld and Nichola Horrell Schmitz explore the cost and efficacy of video remote interpreting in legal settings.
Link to Article: - Pravda, D.M. (2011). Understanding the rights of deaf and hard of hearing individuals to
meaningful participation in court proceedings. Valparaiso University Law Review, 45(3).
Key Words: Deaf, ADA, rights, court, participation
This article discusses two recent examples of case history of discriminatory treatment against the deaf and hard of hearing in the provision of meaningful access to court services.
Link to Article: - Registry of Interpreters for the Deaf. (2007). Standard practice paper: Interpreting in legal settings.
Key Words: RID, standard practice paper, Deaf, interpreter, legal, court
Sets forth the position of the national organization of ASL interpreters on aspects relating to qualification and use of interpreters in legal settings including in court and out of court settings.
Link to Article: - Registry of Interpreters for the Deaf. (2007). Standard practice paper: Use of a certified Deaf interpreter.
Key Words: RID, standard practice paper, Deaf interpreter
Sets forth the unique contributions that a deaf interpreter provides to certain interpreting assignments, including legal interpreting. Sets forth the Association鈥檚 affirmation of the use of Deaf interpreters.
Link to Article: - Relyea, G. (1980). Procedural due process: A deaf defendant鈥檚 right to be heard should encompass
a right to 鈥渉ear鈥� civil trials through interpretation. Washington, D.C: The Catholic University of America Press Inc.
Key Words: procedural process, Deaf, defendant, interpreter
This article explains the Deaf defendants right to interpret civil procedures, and discusses the impact of uninterpreted procedures.
Link to Article: - Roberson, L., Russell, D., & Shaw, R. (2011). American sign language/English interpreting in legal settings: Current
practices in North America. Journal of Interpretation, 21(1), Article 6.
Key Words: ASL, legal, current practices, Deaf, consecutive, simultaneous, interpreter
This article defines and explains current practices in American Sign Language/English interpreting in legal settings in North America.
Link to Article: - Roberson, L., Russell, D., & Shaw, R. (2012). A case for training signed language interpreters for legal specialization.
International Journal of Interpreter Education, 4(2), 52鈥�73.
Key Words: legal interpreting, signed language interpreting, team interpreting, deaf interpreting, training content, sequence of courses, curriculum design, interpreter educators
This study used an online survey to examine the training and professional development needs of ASL鈥揈nglish interpreters in North America. The data analyzed offers insight into how best to design learning events that are meaningful for interpreters who want to work with legal discourse and interactions in a variety of legal settings.
Link to Article: - Russell, D., & Shaw, R. (2016). Power and privilege: An exploration of decision-making of interpreters.
Journal of Interpretation, 25(1), Article 7.
Key Words: power, privilege, legal, court, Deaf, effective, ineffective, interpreting
This article explores constructs of power dynamics that emerge in interpreted interactions. Participants reported situations where the power dynamics between Deaf and hearing interpreting teams did not support effective interpretation resulting in a negative impact on the interaction. The interpreter's self-awareness of power and privilege is crucial to support active decision-making that facilitates effective interpretation.
Link to Article: - Schnider-Clark, T. (2012). Observational findings on courtroom team interpreting. Views, 29(1).
Key Words: legal, courtroom interpreting, observation, team interpreting
This article discusses observational findings on team interpreting in the courtroom.
*Not Available - Shaffer, B. (2018). Tracing the origins of legal terminology in ASL: Perspectives for ASL/English
interpreters. Journal of Interpretation, 26(1), Article 4.
Key Words: origin, legal signs, legal terminology
This study explores the origins of commonly used legal terminology in present day American Sign Language (ASL) using some of the first French Sign Language dictionaries and early 20th century ASL films. The paper also offers some possible insights into how such terms emerged and evolved and suggests how legal interpreters could incorporate this knowledge into their work.
Link to Article: - Sheridan, B.D. (1995). Accommodations for the hearing impaired in state courts. Michigan Bar Journal.
Key Words: legal, accomodation, court, ADA, Deaf
Concise description of the legal rights of deaf and hard of hearing litigants to communication access in state courts. Surveys the state anti-discrimination statute and the Americans with Disabilities Act. Provides a range of suggested accommodations including sign language interpreters.
*Not Available - Simon, J.A. (1993). The use of interpreters for the deaf and the legal community's obligation
to comply with the A.D.A. Journal of Law and Health, 8, 155鈥�269.
Key Words: ADA, interpreter, Deaf, legal
For much of our nation's history many cultural and ethnic minorities have found themselves excluded from the benefits and privileges of full membership in our society. For many of these people who speak a language other than English the key to their experience of separation has been a virtually insurmountable inability to communicate with either individuals outside of their own culture or the institutions of our system of government.
Link to Article: - Smith, D.M. (1994). Confronting silence: The Constitution, deaf criminal defendants, and
the right to interpretation during trial. Maine Law Review, 46(1), 87-150.
Key Words: trial, rights, Deaf, interpreter
This article focuses on criminal proceedings. With the defendant's liberty interest directly at stake, the legal 鈥渞ight to interpretation鈥� has not been clearly defined in either statutory or case law. The complete reliance on spoken and written English in the criminal justice process systematically excludes full participation of almost all deaf people. This article looks at the constitution and the right to interpreter access.
Link to Article: - Spencer, D., San Roque, M., Napier, J. & Hale, S. (2017). Justice is blind as long as it isn鈥檛 deaf: Excluding deaf people from
jury duty 鈥� an Australian human rights breach. Australian Journal of Human Rights, 23(3), 332-350.
Key Words: human rights, discrimination, deaf jurors, Auslan interpreters, court practice and procedure, evidence, jury deliberations
Various research conducted over the last decade in Australia proved that Deaf people have the ability to understand complex legal discourse in a courtroom setting using sign language interpretaters to participate as jurors. This article argues that the residual procedural and logistical issues, as well as reservations from some legal stakeholders involved can be addressed, and explains how to address this breach of human rights that treats deaf people differently than hearing people.
Link to Article, Account or Purchase Required: - Stone, C. & Woll, B. (2008). Dumb O Jemmy and Others: Deaf people, interpreters and the London courts
in the eighteenth and nineteenth centuries. Sign Language Studies, 8(3), 226-240.
Key Words: court settings, sign language, non-professional interpreting
This study looked at records describing how judges handled trials involving Deaf people who had varying linguistic abilities in a sign language (home sign or established sign language) and English literacy skills. Although the legal system has a history in accepting the use of an interpreter. However, in these instances of home sign, the courts would resort to the use of a close family member or another person who could sign or use gesture to interact with the deaf person.
Link to Article, Account or Purchase Required: - Tester, C. (2018). How American sign language-English interpreters, who can hear, determine
need for a Deaf interpreter for court proceedings. Journal of Interpretation, 26(1), Article 3.
Key Words: Deaf interpreter, ASL, court proceedings
This study investigates how and when hearing interpreters in the United States (U.S.) decide there is a need for a Deaf interpreter in court proceedings. Furthermore, this study explores the experience of working as the hearing member of a Deaf-hearing team in the courtroom. Findings suggest that hearing interpreters are generally in alignment with best practices for working with Deaf interpreter specialists, but significant inconsistencies and barriers remain.
Link to Article: - Tuck, B. M. (2010). Preserving facts, form, and function when a deaf witness with minimal
language skills testifies in court. University of Pennsylvania Law Review, 158(3), 905-956.
Key Words: court settings, sign language, provision, Deaf, witness testimony, interpreter, minimal language skill, court, testify
This paper analyzes proceedings when a Deaf witness with minimal language skills (MLS) is testifying. The results suggest for a more open and reflective system, exploring alternative ways of using Deaf interpreters to be better prepared for trials that deviate from the norm.
Link to Article: - Turner, G. H. (1995). The bilingual, bimodal courtroom: A first glance. Journal of Interpretation, 7(1), 3-34.
Key Words: court settings, sign language, ethnographic methods
This paper outlines key issues, drawing on examples that concern both spoken and sign language interpreting, that must be addressed before a bilingual bimodal courtroom can really exist.
PDF of Article: The Bilingual, Bimodel Courtroom - Twersky-Glasner, A. (2003). The ADA and Deaf inmates. Journal of Police and Criminal Psychology,18(2), 34-40.
Key Words: ADA, Deaf, inmate, communication challenges
This paper focuses on two challenges faced by the Deaf in the criminal justice system: the availability and efficacy of mental health services provided in prisons, and the effect incarceration has upon their mental health. Furthermore, a model of assessment and treatment is provided.
*Not Available - Vernon, M., Raifman, L. J., and Greenberg, S. F. (1996). The Miranda Warnings and the Deaf suspect. Behavioral Sciences & the Law, 14(1), 121鈥�135.
Key Words: Miranda Warning, Deaf, suspect, police officer, judge, psychology, videotaping
Administration of the Miranda Warnings to deaf suspects can poses many legal issues such as the importance of videotaping the police interview, the use of sign language interpreters, the determination of the deaf defendant's reading level and communication capacity, the limitations of lipreading, and other psycholinguistic factors. If proper protocols are not followed, evidence obtained after a deaf suspect waives their Miranda Rights may be inadmissible in court. This article includes recommendations to aid in determining whether a deaf suspect is capable of understanding the Miranda Warnings and how these warnings should be administered.
Link to Article: - Vernon, M. & Andrews, J. (2012). Basic legal issues in handling cases of defendants who are Deaf. Deaf in Prison.
Key Words: issues, Deaf, defendants
This paper provides guidelines that are often crucial in criminal cases involving defendants who are Deaf to circumvent issues that arise to court personnel who are unfamiliar about working with Deaf defendants. Deaf defendants are considered a small minority, therefore most attorneys and judges rarely come across them in the course of their legal work and are unfamiliar with the unique legal issues they pose. As a result, many cases are lost unnecessarily which can result in jail or prison time for innocent deaf defendants.
Link to Article: - Vernon, M. & Miller, K.R. (2001). Linguistic incompetence to stand trial: A unique condition in some
deaf defendants. Journal of Interpretation.
Key Words: incompetence, trial, Deaf, defendants
Vernon and Miller discuss the reasons Deaf people are declared incompetent to stand trial. Solutions for the dilemma created for the courts and interpreters are explained.
Link to Article: - Vernon, M., Raifman, L.J., Greenberg, S.F., & Monteiro, B. (2001). Forensic pretrial police interviews of deaf suspects avoiding legal pitfalls.
Journal of Law and Psychiatry, 24, 43-59.
Key Words: police interview, Deaf, suspect, pretrial
This article provides some basic guidelines for police, attorneys, and the court system to follow in conducting meaningful, legally admissible interviews with deaf and hard-of-hearing suspects. The article also includes a series of policy procedures for consideration.
Link to Article: - Wang, D., & Grant, L. (2015). Challenges of court interpreting: Implications for interpreter education.
International Journal of Interpreter Education, 7(1), 51-64.
Key Words: court interpreters, challenges, interpreter education, tag question, speech style
This study conducted an online survey and interview to examine the challenges faced by court interpreters in New Zealand. Survey respondents were asked about challenges encountered at work, including legal terminology, terminology in other domains, tag questions, and so on. The authors intend for the study to be used to improve court interpreter education and practice, and promote equal access to legal rights for limited English proficient (LEP) individuals residing in not only New Zealand but also other English-speaking countries.
Link to Article: - Wardle, J. (2018). An interview with Ted Baran: Director of the department of public safety
at Gallaudet University. Views, 35(1) 36-41.
Key Words: Gallaudet, Department of Public Safety, law enforcement, legal, interview
An Interview with Ted Baran: Director of the Department of Public Safety at Gallaudet University.
PDF of Article: An Interview with Ted Baran - Wilcox, P. (1995). Dual interpretation and discourse effectiveness in legal settings. Journal of interpretation.
Key Words: discourse, legal, effectiveness
This article discusses the use of Deaf interpreters in legal settings and some of the history behind the need for Deaf interpreters. Furthermore, it discusses the confusion that is caused by using dual interpreters when that is often not the case for spoken language.
PDF of Article: Dual Interpretation and Discourse Effectiveness - Witter-Merithew, A. (2002). Considerations for interpreting depositions.
Key Words: deposition, witness testimony, accuracy, interpreting, legal
Defines the deposition procedure and processes as witness testimony and sets forth factors that interpreters working in depositions must consider. Includes a discussion of accuracy with respect to witness testimony, the obligation to prepare for depositions and to seek clarification if presented with unintelligible source language input, the purpose of the record in legal proceedings and the interpreter鈥檚 relation to it, and strategies for reducing miscues.
*Not Available - Witter-Merithew, A. (2002). Considerations for interpreting lines of questioning in legal discourse events.
Key Words: legal, discourse, witness, structure, interpreting
Discusses the concept that texts are informed by context and expectations. Discusses the structure of four legal discourse events typified by lines of questioning including interrogatories, depositions, attorney-client interviews and direct/cross examination of witnesses. Presents a number of challenges to ASL interpreters presented by interpreting these legal discourse events.
*Not Available - Witter-Merithew, A. (2002). Principles and protocol associated with courtroom interpreting.
Key Words: court, interpreter, rules, oath, voir dire, preparation
Details the fundamental rules governing court interpreters as well as commonly expected behavior that court interpreters must know. Explains the basis for the expectation that the interpreter is prepared, refrains from working in settings in which a conflict of interest is present, understands the peculiar rules regarding communication with the court and with the parties, understands the bases for voir dire, and the interpreter oath.
*Not Available - Witter-Merithew, A. (2002). The legal right to an interpreter and who is qualified to interpret in the legal context.
Key Words: legal rights, Deaf, interpreter
Sets forth the growing demand for interpreters of all languages and the sources of legal authority for the provision of interpreters. Suggests that the importance of qualified interpreters for non- English speaking individuals in court is critical to their realization of their legal rights.
*Not Available - Witter-Merithew, A. & Nicodemus, B. (2012). Toward the international development of interpreter specialization: An
examination of two case studies. Journal of Interpretation, 20(1), Article 8.
Key Words: specialization, legal, case studies
This article addresses the implications of interpreting specialization, which occurs through either de facto (self-designation) or de jure (specific training or credentialing). This article examines the history of educational (K-12) and legal interpreting specializations. Although these settings are different on multiple levels, they have shaped the evolution of each specialization and influenced their patterns of practice.
*Not Available
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