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E S P E
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RESEARCH DISSERTATION THEME: “THE RELATIONSHIP BETWEEN THE TRANSLATOR´S PROFESSIONAL ROLE AND THE JUDGES´ FINAL VERDICTS AT CRIMINAL COURTS IN QUITO, JUNE 2003 – FEBRUARY 2009”.
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LEGAL FOUNDATION Ecuadorian Constitution Organic Code of the Judicial Function Proposal
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INTRODUCTION Goal : To take a depeer look into Ecuadorian Justice Focus on: Ethical Formation
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RESEARCH STATEMENT
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RESEARCH PROBLEM District Attorneys Preliminar investigations Lawyers Trial Attorney Prosecutors Jurors Relatory Secretary Lawyer of Accused Accused Problem Rule violated Judge Translation Expert
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CAUSEEFFECT Foreign affairs are to be resolved. Translators are called upon when the situation arises. There is not team work among Legal Parts and Translator Experts. No technical up today instruments are used to collect legal information in its fullest extend. PROBLEM IDENTIFICATION
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PROBLEM FORMULATION Main problem Verdicts in criminal processes are not followed through. Trials are not held on time.
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Secondary Problems Ignored foreign control bodies of justice. Lack of evidences Aspirations are stronger than ethics Faulty chain of custody.
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VARIABLES MATRIX Independent variable The role of the translator expert. Dependent variable The judge´s Final Verdict. The professional role of the translator expert and the Judges Final Verdicts at the Criminal Courts of Quito in some cyclical cases chosen at random during 2003 and 2009.
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OBJECTIVES GENERAL OBJECTIVES To provide reliable translations so magistrates get a correct idea before sentencing; To weight validity of information for final pronunciation; To discuss electronic documentation in front of testimonies.
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OBJECTIVES SPECIFIC OBJECTIVES To make the case known to the translator from the very beginning; To include translator´s presence at preliminary hearings; To share process of selecting participation; To translate data on real time; To use actual technology; To work as a team.
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JUSTIFICATION Open communications worldwide through translations for the judge to discover tendencies of innocence or responsibility.
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STRUCTURE TRANSLATOR´S ROLE JUDGES´VERDICTS Translating Approaches Language Interpretation Unbiased verdicts Everybody´s innocence until proven the contrary. INDEPENDENT VARIABLE DEPENDANT VARIABLE RELATION BETWEEN INDEPENDENT AND DEPENDENT VARIABLES
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Legal Translation Research ProblemConcepts THEORICAL FRAMEWORK Structure Hypothesis System Active translating Passive translating - Translatin - Fluency - Grice Cooperative principles.
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Translation Process Contents Trial Attorneys at Court Documents Source District Attorney´s Office Documents Delivery Conclusion Date Extracted one Literal Form
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CHAPTER III METHODOLOGY Research Type and DesignPopulation and SampleFieldingInstruments for Data CollectionProcessing and Analysis
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CHAPTER IV ANALYSIS AND INTERPRETATION Judging evidence
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Reliability of Measurement So, the alpha value at 005 for the 95% of confidence with 4 degrees of freedom lies at the amount of 13.68 at the chi square table, result which is much more inferior to the known chi square total value of 37.60, therefore the null hypothesis is rejected and the working hypothesis accepted with the 95% of confidence being sure that both translation types were related at the period of investigation in the Criminal Courts of Quito. Options amfrnTotal Written 201129850 Spoken 34482250 Total5415101110 100 Grand Total OEO - E(O – E) 2 (O – E) 2 /E 2027-7491,81 34277491,81 117,53,512,251.63 47,5-3,512,251,63 25-391,80 8539 95,53,512,252,23 25,5-3,512,252,23 85391,80 25-391,80 18.54 optio ns amfrn Writt en 277,555,55 spok en 277,555,55
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CHAPTER V CONCLUSIONS AND RECOMMENDATIONS
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CONCLUSIONSRECOMMMENDATIONS The researcher has 95% confidence that there is a relationship between written and oral translations at the Criminal Courts of Quito Ecuador in the period of study since the statistical amount shown at the critical value is 13.68, quantity inferior to the total chi square of 37.60 a. Legal Translations should be developed by translator experts specialized on legal terms. The study also deducts that oral and written translations have the same value while concerning to final verdicts happened on the issue in question; b. Judges should try to get one translator expert from beginning to end of the case The researcher as well, discards the null hypothesis according to what statically is established by the rule of chi square table: “reject the null hypothesis if the chi-square is equal to or larger than the critical value; accept the null hypothesis if the chi-square is less than the critical value”. Translator experts and Judges should always share each others ‘points of view.
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Tutoring Survey Do you introduce your tutoring? Do you explain the values of polite requests? Do you establish attention signals for controlling groups? Do you simplify questions according to difficulty levels? Do you accept, reject, or correct student responses? Do you repeat and rephrase questions and answers? Do you simplify instructions both orally and written? Do you refuse or give permissions when asked? Do you monitor the levels of pupils understanding? Could you give an example of warning or other advice? Do you explain cause and effect? Do you state intentions, make suggestions, express degrees of probability and speculate future happenings?
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