Steven Griffiths CJA394 Troy Hokanson University of Phoenix 18 MAR 13
Court Issues Analysis 2
The court system today faces many challenges from setting court dates, to dealing with an ever increase in individuals who do not speak English. Accurately translating English to ones home language during court proceedings requires the use of a language proficient individual within the judicial process. It is most common to encounter a misconception that if one is bilingual then they have the ability to interpret and by nature translate complex court documents, meanings, and options. The reality of the issue is that the demands of the court system needing interpreters is especially complex, requiring a vast knowledge of no less than two languages and a detailed training regime in language interpretation. According to Klaus 1997: The demands of courtroom discourse on a person's linguistic resources differ vastly from those of the environment in which many people in this country have become bilingual. In a typical family, whether immigrant or not, members usually don't discuss "indictments," "waivers," "felonies" or "conspiracies." Yet these are common terms in court discourse. Individuals may learn these terms in school, but only in English. This poses another problem, can one simply just have their rights waived because there is no means for them to know what is going on with their case. Also, interpreters are not always able to ask questions in order to clarify the question to the person who does not speak English. If witnesses use a specific word, and it cannot be translated to the intended meaning, clarification may be needed to insure proper accuracy. Accents are another problem, and represent a superficial bounce back of a certain level of mastery in any given foreign language. If the interpreters accent is perfect English, it can very well get in the way of the intended comprehension, and thus becomes a problem. However, those interpreters who are very good, still have slight accents for the simple reason that they learned English as a teenager, or even as a young adult; in this case they could very well have an excellent grasp on the language. For every type of crime committed there is an individual behind the action that has made a conscious choice to break the law, and accept the consequences of their actions. Juvenile programs aimed at preventing crime from happening, and providing counseling for youth offenders to help cope with their individual situations are nothing new. Court Issues Analysis 3
The programs have been implemented by individual state, city or county officials, and staffed by either paid or volunteer associates. According to the Kootenai County Juvenile Diversion Program: The Diversion Program is a voluntary alternative to the formal court process for most first time offending youth. Those referred to the program have committed a law violation and a police report has been submitted to the Prosecuting Attorney's Office. Those cases meeting certain criteria are "diverted" to the Youth Accountability Board. The Board is comprised of community volunteers trained to meet the youths and prepare written Diversion Agreements. The Kootenai County program offers a variety of efficient and cost effective programs to help the individual offender. The most common program is community service, where the sentenced offender spends a determined amount of time serving in their community and even in their specific neighborhood. Another program they offer is a shoplifting awareness program that focuses on the effects of shoplifting on the community as well as the overall economy. Diversion is a voluntary program that offers juveniles an opportunity to resolve a filed police report without appearing in court. If a juvenile is referred to the Diversion Program by the Prosecuting Attorney, s/he will meet with a Diversion Probation Officer to review their pending police report, their rights, and expectations of the Diversion Program. If a juvenile agrees to participate, a social history interview will be conducted, and the Diversion Officer will develop a contract for the juvenile and parent that may include a Diversion fee, community service, reparation to victims, letters of apology, and applicable groups. The contract encompasses aspects of accountability (holding the juvenile responsible to the victim and the community for his/her offense) and competency development. The juvenile is given more information and skills about the law, making better choices, and saying no to peer pressure. The typical contract length is 90 days; however, a juvenile may complete the program sooner if all contractual terms are met. Alternately, the contract may be extended if more time or services are needed to complete contract terms. It provides an in depth look at the consequences on the offender as well as the store owner and the consumers that frequent the establishment. ("Ada County Juvenile Diversion Programs", 2012, para 6-7). These two programs are both great at what they are meant to accomplish, they help the offender understand the coming implications of their crime and they get to be a part of the community who wants them to Court Issues Analysis 4
understand that there are always alternatives to whatever reason they feel a need to steal, vandalize, burn, or assault. Understanding the causes of juvenile delinquency is an integral part of preventing a young person from involvement in inappropriate, harmful and illegal conduct. Four primary risk factors can identify young people inclined to delinquent activities: individual, family, mental health and substance abuse. Often, a juvenile is exposed to risk factors in more than one of these classifications. The main participant pool for juvenile diversion programs are those who are most at risk of becoming a multiple offender both in the juvenile system as well as the adult system later on in life. Also, the key participant in these programs is the first time offender, who, without these types of programs would not ever know the domino effect of their actions later in their lives. The best of the two programs at reducing juvenile crime is going to be a program like the shoplifting prevention program. If the youth offender has a better idea at who they are hurting (and they actually care) they might think twice before they take money out of their parents pockets, or even the parents of their friends pockets. Giving them a clear understanding of the path of their actions might persuade them to be more productive in society rather than a burden to society.
References Klaus, H. (1997). Court Interpreting: Complexities and Misunderstandings. Retrieved from http://justice.uaa.alaska.edu/forum/13/4winter1997/a_interp.html