LIT Search Final Conference Antwerp, 9th and 10th November 2015 Interpreting needs from a judge’s perspective Marc Wenske High Court of Hamburg.

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Presentation transcript:

LIT Search Final Conference Antwerp, 9th and 10th November 2015 Interpreting needs from a judge’s perspective Marc Wenske High Court of Hamburg

Structure Interpreting Needs – a Judge‘s Perspective Are there general needs? Different fields of law – different needs? III. Criminal Procedural Law as an Example IV. Outlook

Judge’s Perspective

determined by three main obligations of a judge Judge’s Perspective Interpreting needs – determined by three main obligations of a judge 1. Establishing the truth 2. Providing a fair trial to all participants 3. Effective workflow

Interpreting Needs General needs Role in proceedings Assistance to the court Personality Professionalism

General interpretation/translation needs Interpreting Needs General interpretation/translation needs Accuracy Versed in technical terms Medical terms (malpractice) Different types of companies (corporate law) Different residence titles (refugee law) Efficiency

Different fields of law Interpretation in the courtroom Interpreting Needs Different fields of law – Different needs? Civil Law Administrative Law Social Security Law Mostly paper-based Written pleadings Expert evidence/ Expertise Information to public authorities Court orders Essentially: Translation Secondly: Interpretation in the courtroom

Criminal procedural law Interpreting Needs Criminal procedural law - Special needs Main difference: Principle of oral procedure All evidence must be established and discussed in the courtroom

Interpreting Needs Criminal procedural law - Special needs “Establishing the truth” with the professional help of an interpreter Defendant Witness/Victim Public

Criminal procedural law Emotions of the participants Interpreting Needs Criminal procedural law - Special needs Providing a fair trial / Due process of law Court conduct of hearings Emotions of the participants involved

Criminal procedural law Interpreting Needs Criminal procedural law - Special needs Versed in technical terms Medical terms (forensic-pychiatric-examination) Sentencing scheme (suspended sentence / probation)

Criminal procedural law Interpreting Needs Criminal procedural law - Special needs Accuracy “no shortcuts!” “word by word” level of meaning

Criminal procedural law Interpreting Needs Criminal procedural law - Special needs Efficiency Resilience Self-confidence Stress resistance

Criminal procedural law Interpreting Needs Criminal procedural law - Special needs “interpreting the mood” ”transporting the mood” Success and efficiency depend on mood in courtroom choice of words is important

Criminal procedural law Interpreting Needs Criminal procedural law - Special needs Integrity Especially in trials with charges of acts of terrorism i.e. IS; PKK, DHKP-C; NSU Disclose former clients to court (i.e. police, secret services) Before the trial starts: interrogation of the interpreter by the court and the defendant

Outlook Data-Base Content Availability Currentness Consistent quality standard Content Education (i.e. simultanous, consecutive) Work experience Former clients Contact details (mail/mobile) Availability Internet Currentness

Outlook “LIT-Search” seems to be a big aim but: it is an opportunity for more professionalism in trials ... It is an opportunity for a more secure way of granting a fair trial to the parties involved in a case