Forensic Research & Criminology International Journal

Mini Review Open Access

Language barrier, legal translation and the judicial

system: an elaboration on the concepts and
principles
Abstract Volume 7 Issue 6 - 2019

Through Legal Translation, as a professional practice of certified translators as well as

Mehdi Asadzadeh,1 Mehran Asadzadeh2
experienced freelancers, the translators have to deal not only the common problems of the 1
Department of English and Translation Studies, Islamic Azad
practice but, those who, due the difficulty of legal language, needing in-depth knowledge University, Iran
and understanding of the field. Different judicial systems employ different terminology and 2
Department of Law, Zanjan Branch, Islamic Azad University,
encounter issues with varying degrees of formality necessitating existence of some kind Zanjan, Iran
of intervention for those in need which facilitates and provides for proper communication
to happen between the judicial staff and those who refer to them as speakers of a different Correspondence: Mehdi Asadzadeh, Department of English
language. The present paper elaborates on the concepts and principles of legal translation and Translation Studies, Maragheh Branch, Islamic Azad
in relation to the potential barrier it might impose on the process of communication in the University, Maragheh, Iran, Tel +989120877409,
offices affiliated to the judiciary systems. Email

Keywords: legal translation, language barriers, judicial system, victims Received: November 17, 2019 | Published: December 17,
2019

Introduction Translators and interpreters in their daily duties. Terminology is,

among other things, a studied discipline, developing specific terms and
The main purpose of the language is to serve as means of linking their relationships within a specific field. One of the most important
individuals. However, interpreters and interpreters are required to deal aims of terminology is to remove uncertainty from the technique
with the specific characteristics of their field each day. Certainly, legal through standardization of terminology to make them efficient tools.
terminology and idiom impose the most troublesome features. This
has become a big concern for all translators and interpreters who need The translation of legal texts
to participate in legal systems at universal level, sometimes especially
varied. The legal language based on ordinary language is semiotic There are many factors that contribute to the difficulty of legal
and semi-autonomous. Also, the terminological density is high and translation work, and we’ll look at two of them below. One of the
most of the terms have different meanings depending on the legal most difficult aspects of legal translation that linguists have to solve is
field to which they belong. That’s why translation of legal texts and the fact that legal systems in different countries can be quite different.
documents requires several complex skills. It is necessary not only This means that legal translators must deal not only with two different
to have a comprehensive knowledge of general linguistics, but also languages and cultures, but with two completely different legal
to understand the original including the vocabulary and content and systems for translation between them. To further complicate the
knowledge of parallel legal systems. Of course, the experience is also problem, legal systems can be different within a single state with a
positive to translate original documents into the target language. common language. For example, common law applies as a basis for
the legal system in England and Wales, but not in Scotland. Even
The decisive importance of the language of law for its application more confusing, while common law applies to the United States, it
is indisputable in our society. To establish norms, rules and principles does not fully apply to Louisiana, which has a mixed legal system!
that define the relationships between people in a particular field
community must be clarified. Due to the use of legal language to Another factor that raises challenges for translators is the fact that
describe the existence, interests and property of human beings, legal concepts are not the same in different countries and can vary
there should be a basic expectation to eliminate uncertainty and within the same country! For example, while the word “marriage”
lack of sensitivity; and to reduce confusion and misinterpretation may be clear enough to translate across languages, the actual legal
between concise language and users. But expectations completely concept is much more complex. The laws surrounding marriage
different from reality. Therefore, it is necessary to conduct a detailed vary widely from culture to culture, and the age of marriage is not a
terminological research. To guarantee proper translation and correct definite concept. There is no legal minimum age for marriage in some
comprehension. To avoid making mistakes during the legal translation countries (Maldives, Saudi Arabia), some are under the legal age of 9
process, it is necessary to recognize and understand the features years (parts of Lebanon), and some legal marriage age is 22 (men in
specific to the legal language. China). In addition, it is common for States to have different legal ages
based on sex. For example, men are legally allowed to marry at the
However, it is not always easy to observe these features, because age of 18 in Chad, Niger and Iran, whereas in these countries, girls are
some may appear in others. Language types or may not be defined legally allowed to marry at the age of 15. So for a legal translator, not
at first glance.1 Errors can occur at all levels: lexical, semantic, just as simple as translating a marriage word, they should be aware of
grammatical structure, stylistic features etc. we would like to propose the differences in legal systems and legal concepts around the world!
the application of terminological analyzes useful for translation.

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©2019 Asadzadeh et al. This is an open access article distributed under the terms of the Creative Commons Attribution License,
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Language barrier, legal translation and the judicial system: an elaboration on the concepts and principles ©2019 Asadzadeh et al. 302

Obviously, legal translation is a very complex issue that can only it into another language. What is clear is that legal translation can be
be done by a professional legal translator. It is not enough for the one of the most difficult areas where a translator can specialize. As a
translator to have knowledge of the source and target language. result, when looking for a legal interpreter, he will do nothing better
to ensure accuracy and clarity.
Generally, 2 major challenges face the legal translators. They
include: Language barriers and victims
1. Legal Language: Legal documents that often end up with For international victims, and perhaps some local victims, other
language features you won’t find anywhere else. For example, important challenges to access services include cultural and language
you’ve seen longer sentences than the text of this article that runs barriers. Victims may not learn about available services if information
for more than one page. As another example, it is almost universal about these services is not provided in their mother tongue. In
practice when writing lists in legal documents to separate items addition, some victims may be illiterate in their mother tongue. While
in the list with semicolons instead of commas. The purpose is to most providers use an interpreter / interpreter to help communicate,
try to indicate through punctuation that all items in the list should having a third party can make it difficult for the provider (often the
be just as important - not something you normally think of when case manager) to develop a trust relationship with the victim.
writing your shopping list!
Cultural differences can also interfere with the ability to provide
As a translator, this type of construction and extraordinary or receive services and lead to culturally inappropriate services,
agreements can pose significant challenges. If you have a 600-word insensitive responses, and / or misinterpretations of behavior or
sentence that needs to be translated into a language where the structure procedures. For example, victims who do not want to look directly
of the sentence is necessarily different from the structure used in at the person they are talking to may be misinterpreted by service
the source language (for example, when translating from English to providers as an indication that someone is hiding something or not
German or vice versa), how an interpreter tracks all the different parts telling the truth rather than understanding it as a sign of respect, as in
of the sentence enough to organize The end result correctly? some cultures. Basic logistical barriers, including lack of community
knowledge, transportation or childcare, can prevent victims from
2. Difference in Legal and Judicial Systems of Different Countries:
accessing available services.2–5
Another common challenge for legal translators is how to
translate a unique idea into a legal system in a way that is easily Fugitive studies provide useful insights into why these young
understood by people within another legal system. There are people do not use or stop using available services and programs.6,7
concepts in some legal systems and jurisdictions that do not have Reported barriers included restrictive rules in shelters; concerns about
a similar term or concept in others. The extent of these differences confidentiality, including concerns about reporting child protection
varies greatly and can be a problem for any approved translation services; lack of age-appropriate treatment groups; lack of culturally
service. For example, within common law jurisdictions, such as appropriate services; inability to build trust with staff owing to high
the United Kingdom and the United States, the notion of equity turnover; Emotional, financial and other support that will help these
is fundamental, but in civil law states, such as France and Spain, victims leave the streets and exploit.8,9 With the exception of the
there is no such concept. latter, the barriers described here resemble the concerns expressed
by international trafficking victims during individual interviews
So what should the interpreter do in these situations? A common
conducted as part of a larger assessment of comprehensive services
tactic is to leave “non-translatable” terms in the source language and
for victims of trafficking.10
then explain their meaning and context in the translator’s note. All this
is good, but what if the document is full of these concepts? You might Some services may have potential legal consequences for victims.
end up with a translation that contains more notes than translators than As with adult victims of domestic violence, the legal consequences
the actual text, so that it takes no less than how long this translator of introducing them to drug addiction or mental health disorder
takes. can be profound for illegal immigrants in this country. A victim
of international trafficking may fear that the problem may be
How do legal translators make sure they are ready to documented and adversely affect a future immigration hearing or a
overcome these kinds of obstacles? possible detention case.10
Well, the main factor is experience. Legal translators typically With minors (but also with many adults), one of the biggest
require at least two years of experience under their leadership in barriers is to persuade the victim to commit to drug abuse and / or
dealing with these types of challenges to enable them to address them mental health treatment. Research suggests that most adolescents do
effectively. Legal translators also need to develop a very detailed not introduce themselves to treat drug use voluntarily and therefore
understanding not only of their original legal system, but also of the have low motivation for treatment; they are assigned either services or
legal systems from which all the documents they work on originate. entry as a result of family pressure.11–21 Studies also document higher
This is why former lawyers often make some of the best legal attrition rates in adolescent programs compared to adult programs.22–35
translators.
Research and program officials identify demographics (younger
Another effective weapon in the arsenal of the legal translator age, ethnic minority status, female sex, pregnant and parenting),
is research. Regardless of the translator’s experience, the law is so severity of drug use, mental health symptoms, motivated readiness /
broad, if not exhaustive, that there are likely terms or concepts that treatment as major predictors of dropout.36–41
they are not familiar with after many years of experience. Adequate
research is a key factor in ensuring that the source material is fully Translation and non-native victims’ rights
understood - a necessary introduction to be able to properly translate
To ensure that all victims of crime are treated equally, without

Citation: Asadzadeh M, Asadzadeh M. Language barrier, legal translation and the judicial system: an elaboration on the concepts and principles. Forensic Res
Criminol Int J. 2019;7(6):301‒305. DOI: 10.15406/frcij.2019.07.00297
 Copyright:
Language barrier, legal translation and the judicial system: an elaboration on the concepts and principles ©2019 Asadzadeh et al. 303

discrimination, in mind Respect and ensure equal access to justice and hospitals. In most cases, proficiency in interpretation skill and the
rights for all victims of crime in addition to their active participation ability to accurately communicate information in English and other
in criminal proceedings, they must understand and be so understood language are sufficient.
in any interaction they have with the criminal justice system. The right
However, be aware that “competence requires more than just
of interpretation and translation are among the main rights the victims.
bilingual identification. For example, some bilingual staff and
When contacting victims, the authorities must consider whether the
community volunteers may be able to communicate effectively in a
victims speak or understands the language of victims. In order to
different language when communicating information directly in that
gain access to their rights in criminal proceedings, it is important that
language, but are not eligible for translation in and out of English. The
victims can do so understand and understand the interactions that they
interpreter shall have knowledge in both languages of any specialized
have with the authorities within the Criminal Justice System.42–50
terminology or concepts specific to the entity ‘s programs or activities.
As an example of the case, we consider USA. The United States
The interpreter shall understand and follow the rules of
is a country of immigrants. From the Mayflower to the Irish potato
confidentiality and integrity, without deviating from the role of
famine to the Brasero program, the United States has seen an upsurge
the interpreter to provide advice or service in another capacity.
in its flow of individuals seeking new opportunities. According to the
Interpretation must take place in a timely manner: “At a time and
Pew Research Center, the number of foreign-born individuals in the
place to avoid actual denial of service, benefit, or right to Issue or
United States has more than quadrupled since 1965, and is expected
impose an undue burden on or delay in rights, benefits or services
to reach 78 million by 2065.2. The rise, mostly fueled by Hispanic
important to [limited English proficiency]”.
and Asian immigration, means that by 2044 the United States will
become a “majority minority” nation, and no ethnic or ethnic group Conclusion
will dominate the United States in terms of population. This influx
of people born abroad has resulted in more than 60 million people, As our communities and our client base continue to diversify,
or 21 percent of the US population, speaking a language other than lawyers, especially those who work with underserved communities,
English at home (4). Many, but not all, are considered “limited in must improve their ability to serve individuals with limited English
English,” that is, individuals who speak English are less than “very proficiency. All legal professionals must learn to work effectively with
good”. 5 Although most individuals with limited English proficiency interpreters, where they can be a powerful tool in case preparation
are immigrants, about 19 percent (4.7 million) were born in the United and in breaking down barriers with clients with limited English
States; most are immigrant children.6 Groups such as Puerto Ricans proficiency. An effective interpreter will allow the lawyer and client
often move to the US mainland with skills. Limited in English. to be more thorough and in-depth conversation on important issues in
the case. History has shown us that despite government policies and
States and cities with large immigrant communities and Puerto racist rhetoric, the United States is a melting pot of cultures that will
Rico have large populations with limited English proficiency; 44 per continue to evolve over time. The function of the legal community is to
cent of California residents speak a language other than English at ensure access to justice for our population, whatever its composition.
home, while in New York City 49 per cent speak. How can so many
individuals access government-funded programs if they cannot Acknowledgments
communicate effectively in English? Under federal law, a person
must have a meaningful language in federally funded programs if that None.
person speaks a language other than English and has limited ability to
read, write, speak or understand English.8 When the federal-funded Conflicts of interest
program does not provide access to a person Limited proficiency in The author declares there are no conflicts of interest.
English, this program distinguishes based on national origin.
Access rights to language are essential in a person’s life. Without
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Citation: Asadzadeh M, Asadzadeh M. Language barrier, legal translation and the judicial system: an elaboration on the concepts and principles. Forensic Res
Criminol Int J. 2019;7(6):301‒305. DOI: 10.15406/frcij.2019.07.00297
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Citation: Asadzadeh M, Asadzadeh M. Language barrier, legal translation and the judicial system: an elaboration on the concepts and principles. Forensic Res
Criminol Int J. 2019;7(6):301‒305. DOI: 10.15406/frcij.2019.07.00297
 Copyright:
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Citation: Asadzadeh M, Asadzadeh M. Language barrier, legal translation and the judicial system: an elaboration on the concepts and principles. Forensic Res
Criminol Int J. 2019;7(6):301‒305. DOI: 10.15406/frcij.2019.07.00297