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Chapter 1. Linguistic disadvantage before the law

When non-native English-speaking witnesses waive their right to an interpreter
  • Eva N.S. Ng
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Interpreting in Legal and Healthcare Settings
This chapter is in the book Interpreting in Legal and Healthcare Settings

Abstract

This chapter builds on my research into the interactional dynamics in the unique bilingual Hong Kong courtroom, where interpretation is, by and large, provided for the linguistic majority. Drawing on authentic courtroom data, this study demonstrates how non-native English speaking (NNES) witnesses, by waiving their right to an interpreter, can be disadvantaged due to their linguistic incompetence. It explores how NNES witnesses are further disadvantaged in the antagonistic process of cross-examination, as counsel frequently violate the Gricean Cooperative Principle. It also discusses how this might compromise the access of other NNES court participants such as jurors to the trial in its entirety in the special context of the Hong Kong courtroom, and potentially impact the delivery of justice.

Abstract

This chapter builds on my research into the interactional dynamics in the unique bilingual Hong Kong courtroom, where interpretation is, by and large, provided for the linguistic majority. Drawing on authentic courtroom data, this study demonstrates how non-native English speaking (NNES) witnesses, by waiving their right to an interpreter, can be disadvantaged due to their linguistic incompetence. It explores how NNES witnesses are further disadvantaged in the antagonistic process of cross-examination, as counsel frequently violate the Gricean Cooperative Principle. It also discusses how this might compromise the access of other NNES court participants such as jurors to the trial in its entirety in the special context of the Hong Kong courtroom, and potentially impact the delivery of justice.

Chapters in this book

  1. Prelim pages i
  2. Table of contents v
  3. Acknowledgments vii
  4. Introduction. Interpreting in legal and healthcare settings 1
  5. Part I. Interpreting in legal settings
  6. Chapter 1. Linguistic disadvantage before the law 21
  7. Chapter 2. Tell us about that 45
  8. Chapter 3. Interpreting for refugees 63
  9. Chapter 4. Australian court interpreters’ preparation practices 83
  10. Chapter 5. Turn-taking management in interpreted legal aid lawyer-client interviews 113
  11. Chapter 6. Legal translator and interpreter training in languages of lesser diffusion in Spain 133
  12. Chapter 7. Organising a profession 165
  13. Chapter 8. Teaching police to work effectively with interpreters 189
  14. Part II. Interpreting in healthcare settings
  15. Chapter 9. Exploring role expectations of healthcare interpreters in New Zealand 211
  16. Chapter 10. Communication issues during triage in a paediatric emergency department 243
  17. Chapter 11. Medical interpreting as an emerging profession in Hong Kong 263
  18. Chapter 12. Overcoming language barriers in the Spanish healthcare context 287
  19. Chapter 13. Relational, situational and discourse features of mental health interactions 313
  20. Contributors 343
  21. Subject index 345
https://doi.org/10.1075/btl.151.01ng

Chapters in this book

  1. Prelim pages i
  2. Table of contents v
  3. Acknowledgments vii
  4. Introduction. Interpreting in legal and healthcare settings 1
  5. Part I. Interpreting in legal settings
  6. Chapter 1. Linguistic disadvantage before the law 21
  7. Chapter 2. Tell us about that 45
  8. Chapter 3. Interpreting for refugees 63
  9. Chapter 4. Australian court interpreters’ preparation practices 83
  10. Chapter 5. Turn-taking management in interpreted legal aid lawyer-client interviews 113
  11. Chapter 6. Legal translator and interpreter training in languages of lesser diffusion in Spain 133
  12. Chapter 7. Organising a profession 165
  13. Chapter 8. Teaching police to work effectively with interpreters 189
  14. Part II. Interpreting in healthcare settings
  15. Chapter 9. Exploring role expectations of healthcare interpreters in New Zealand 211
  16. Chapter 10. Communication issues during triage in a paediatric emergency department 243
  17. Chapter 11. Medical interpreting as an emerging profession in Hong Kong 263
  18. Chapter 12. Overcoming language barriers in the Spanish healthcare context 287
  19. Chapter 13. Relational, situational and discourse features of mental health interactions 313
  20. Contributors 343
  21. Subject index 345
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