Abstract
With nearly half of its population born overseas, Australia is one of the most prominent societies built and shaped by migrants worldwide. In Australian courts, access to court interpreting is crucial for social inclusion. However, translating the language of law in court is never an easy job. Therefore, court interpreters serve as indispensable gatekeepers for procedural justice and linguistic equity. But how accurately did court interpreters reproduce lawyer questioning and defendant testimony in court? Drawing on triangulated survey and interpreting performance data, our initial findings suggest a mismatch between what the interpreters said they would do and what the interpreters actually did when translating the manner in which lawyers crafted their questions and defendant responded to their questions in court. Our contributions are three-fold: (1) increasing the linguistic ‘manner awareness’, (2) promoting interprofessional understanding, and (3) compassing future pedagogies in court interpreter education.
References
Australian Bureau of Statistics. 2023. 2021 Census of Population. Retrieved from https://www.abs.gov.au/statistics/people/population/national-state-and-territory-population/latest-release (accessed April 30, 2023).
Australian Institute of Interpreters and Translators. 2012. AUSIT Code of Ethics and Code of Conduct. Retrieved from https://ausit.org/wp-content/uploads/2020/02/Code_Of_Ethics_Full.pdf (accessed January 19, 2023).
Berk-Seligson, Susan. 2002. The Bilingual Courtroom: Court Interpreters in the Judicial Process. Chicago: University of Chicago Press.
Brown, Penelope, and Stephen C. Levinson. 1987. Politeness: Some Universals in Language Usage. Vol. 4. Cambridge: Cambridge University Press.
Dayter, Daria. 2021. "Variation in Non-Fluencies in a Corpus of Simultaneous Interpreting vs. Non-Interpreted English." Perspectives, 29(4): 489-506.
Evidence Act NSW. https://legislation.nsw.gov.au/view/html/inforce/current/act-1995-025 (accessed October 24, 2023).
Gibbons, Alison, and Sara Whiteley. 2018. Contemporary Stylistics: Language, Cognition, Interpretation. Edinburgh: Edinburgh University Press. http://www.jstor.org/stable/10.3366/j.ctt1tqx9wz.
Harris, Sandra. 1984. "The Form and Function of Threats in Court." Language & Communication.
Hosman, Lawrence A., and Susan A. Siltanen. 2011. "Hedges, Tag Questions, Message Processing, and Persuasion." Journal of Language and Social Psychology, 30(3): 341-349.
Hu, Jiale. 2022. Hedges in Chinese-English Conference Interpreting. Cham: Springer.
Judicial Council on Diversity and Inclusion. 2022. Recommended National Standards for Working with Interpreters in Courts and Tribunals - Second Edition. Retrieved from https://jcdi.org.au/wp-content/uploads/2022/05/JCDD-Recommended-National-Standards-for-Working-with-Interpreters-in-Courts-and-Tribunals-second-edition.pdf (accessed January 19, 2023).
Lee, Jieun. 2011. "Translatability of Speech Style in Court Interpreting." International Journal of Speech Language and the Law, 18(1): 1-33.
Levelt, Willem J. M. 1983. "Monitoring and Self-Repair in Speech." Cognition, 14(1): 41-104.
Levis, John M. 2012. "Supreasegmentals: Intonation." The Encyclopedia of Applied Linguistics. Wiley Online Library. https://doi.org/10.1002/9781405198431.wbeal1124 (accessed January 16, 2023).
Liu, Binghan, and Eileen Xiao. 2009. "Chinese Discourse Markers in Oral Speech of Mainland Mandarin Speakers." In Proceedings of the 21st North American Conference on Chinese Linguistics (NACCL-21) (Vol. 2, pp. 358-374). Bryant University, Smithfield, Rhode Island.
Magnifico, Chiara, and Bart Defrancq. 2017. "Hedges in Conference Interpreting: The Role of Gender." Interpreting, 19: 21-46.
Miracle, W. Charles. 1991. Discourse Markers in Mandarin Chinese. The Ohio State University: ProQuest Dissertations Publishing. Retrieved from https://www.proquest.com/openview/f19f718bebf158e5d506a3e5446f6977/1?pq-origsite=gscholar&cbl=18750&diss=y (accessed January 13, 2023).
O'Barr, William M. 2014. Linguistic Evidence: Language, Power, and Strategy in the Courtroom. Elsevier.
Schiffrin, Deborah. 1987. Discourse Markers. Cambridge: Cambridge University Press.
United Nations. 1966. International Covenant on Civil and Political Rights (ICCPR). Retrieved from https://www.equalityhumanrights.com/en/our-human-rights-work/monitoring-and-promoting-un-treaties/international-covenant-civiland#:~:text=ICCPR%20is%20an%20international%20human,or%20degrading%20treatment%20or%20punishment (accessed October 6, 2023).
Wadensjo, Cecilia. 2001. "Approaching Interpreting through Discourse Analysis." Benjamins Translation Library, 33: 185-198.
Wang, Yibin. 2021. "A Study on the Use of Hesitation Markers in Varied-Level EFL Learners’ L2 Speaking Process." Open Journal of Modern Linguistics, 11: 823-840.
Yi, Ran. 2023a. "Interpreting the Manner of Speech in Courts: An Overlooked Aspect." Frontiers in Psychology, 14.
Yi, Ran. 2023b. "Justice Under Microscope: Analyzing Mandarin Chinese Markers in Virtual Courtroom Discourse." Discourse Studies.
Yi, Ran. 2024a. "Manner Matters: Linguistic Equity through a Court Interpreter in Australia." International Journal for the Semiotics of Law.
Yi, Ran. 2024b. "Doing Justice to the Manner: Interpreting Lawyer Questioning for Multilingual Migrants in Australian Virtual Court Proceedings." Monti, 16: 415-442.
Yip, Moira. 2002. Tone. Cambridge: Cambridge University Press.
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