Court Analysis
Court Analysis
Historically, courts have faced problems and will continue to face. The issues arise during a trial and may affect the administration of justice. Language interpretation services and victims’ rights are some of the issues courts are facing today. Language interpretation services are vital during a trial as they ensure the judges and offenders understand each other. This in turn, ensures the court administers justice. Court administrators ensure the courts run smoothly. Justice is considered an empty promise if people do not have equal and attainable access to courts. As a result, courts have put mechanisms to ensure every person accesses the courts regardless of his or her background. The courts provide language interpretation services and observe the victims’ and offenders rights to promote justice.
Language interpretation services
Language interpretation refers to the process of facilitating oral communication and sign language communication simultaneously between two people speaking different languages. The number of non English speaking residents in the United States and other countries has increased tremendously. Non English speakers aged 5 years and above accounted for 2.9% of the country’s population in 1990. That is 6.7 million individuals aged 5 years and above spoke other languages other than English. The number increased considerably between 1990 and 2000. Non English speakers in the United States totaled to 21.3 million and accounted for 8.1% of the population. The number increased in 2005 to 23.2 million accounting for 8.65% of the population (COSCA, 2007). This represents a 246% increase in number of individuals with limited English speaking abilities in US from 1990 to 2005 (COSCA, 2007). Further, the number of foreign born individuals in US increased from 1990 to 2005. Foreign born individuals accounted for 7.9% of the population in 1990.
The percentage increased in 2000 and foreign born individuals formed 11.2% of the population. The percentage of foreign born individuals in US, in 2005, was 12.7%. Spanish is the most common non English language spoken in US, but there are other languages. The need for interpretation services in courts goes beyond to more than 100 languages (COSCA, 2007). The 2000 census results identified almost 380 families in US speaking single languages. This has increased the number of court interpreters employed in different states such as New York courts employed almost 300 full time and part interpreters to offer services in more than 100 languages (COSCA, 2007). The need for interpreters in different languages is not restricted to large cities. This is because non English speakers are located in different places, in the United States, (COSCA, 2007).
Every person in the United States looks to court systems to resolve essential problems and controversies. The criminal defendant, victims, witnesses and other people require the criminal justice system to protect their rights and resolve issues according to the constitutional principle. However, the values and strength of the criminal justice may be affected when language barriers interferes with the process of justice. Language barriers hinder effective communication and understanding. This makes administration of justice difficult and also citizens distrust the courts. The management of courts and provision of language interpretation services should be improved to help foreign criminals and other non English speakers. The Increase in the population of non English speakers expects the criminal justice system to satisfy certain constitutional rights. The rights are stated in the fourth amendment, Fifth Amendment and fourteenth amendments. Others are stated in the sixth amendment (COSCA, 2007).
The number of non English speakers is expected to increase in the future and affect the provision of language interpretation services. US is a nation founded on the immigration process. The belief in equal justice for all citizens has led to increase in the number of immigrants. The number will increase as more people move to the United States. Therefore, Court systems should develop viable systems to offer competent interpretation services to citizens. This will ensure people get equal justice and courts accomplish their mission of providing equal justice accessible to every citizen. The cultural diversity has hindered the criminal justice system from meeting various constitutional requirements. Language interpretation services are a problem in the courts because of the constitutional rights. Court systems should adhere to the provision of various amendments when administering justice. The fourth and fifth amendment encourages fairness. All individuals should be treated fairly during a court process, and hence courts should provide language interpretation services. The fourteenth amendment encourages equal protection and the sixth amendment allows cross examination of witnesses. The enforcement of the constitutional provisions has affected ruling of various cases and changed the rulings due to unfair representation of language interpreters. Courts should appoint interpreters to represent the witness and the defendants during the trial if they do not speak English (COSCA, 2007).
Victim rights laws and impact on court proceedings
Courts did not involve the victims in court proceedings or consider the victim’s rights when hearing cases or making rulings. However, things changed after the enactment of the victim rights Act. The crime victim rights Act has granted crime victims various rights. The victims have a right to be protected from the person accused. They also have a right to a reasonable, correct and well timed notice to any public court proceedings. In addition, victims should not be excluded from public court proceedings unless the court determines the victim’s testimony will be changed if they attend the proceedings. Also, the victims should be heard during public proceedings. Additionally, the victims should be treated fairly and with respect. Courts should respect their privacy and dignity. The victim rights laws have affected court proceedings differently. The victim rights laws have led to fairness and equality during justice. Courts would make unfair rulings without the rights of the victim.
However, the victim rights laws influence the flow of court proceedings and hence ensure courts administer justice. Courts should involve the victim in all stages of the court proceedings. The input of the victim should be considered when ruling cases. Court rulings would be one sided if the victim rights were not developed. This would affect the victims negatively as judges would not be able to bring justice to the victims. Therefore, courts should balance the rights of the victim and defendant when hearing cases and making rulings. This will avoid legal issues that result from failing to involve the victim. It will also prevent changing of ruling. The victim right laws will continue to impact court proceedings (Scheb, 2006).
Conclusion
The operation of courts has changed very much for the past years. The need to provide language interpretation services to victims and defendants has changed how courts operate. Courts should ensure the victim, and the defendant is well represented during court proceedings by providing them with interpreters. This will ensure fairness and equality. It will also ensure every person accesses the court system and courts promote justice. Also, the victim rights laws have changed court proceedings as courts should observe all the rights and involve the victim in the proceedings. Victim rights laws will continue to impact the courts as the society pushes for fairness, equality and justice. Also, courts will continue to offer language interpretation services as the population composition continues to change (Travis, 1998).
Reference
COSCA.(2007). Court interpretation. Retrieved from http://cosca.ncsc.dni.us/WhitePapers/CourtInterpretation-FundamentalToAccessToJustice.pdf on 18/11/2012
Scheb, J.M. (2006). Criminal procedure. Cengage Learning
Travis, J. (1998). Rights of crime victims. National institute of justice
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