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PLAY THE BASSA DE NOVO

j0400108.jpgIn Matter of Edwin N., Edwin was adjudicated a juvenile delinquent after being found guilty of crimes which -- if committed by an adult -- would have comprised "robbery in the second degree, grand larceny in the fourth degree, criminal possession of stolen property in the fifth degree and menacing in the third degree."

While the Queens County Family Court made efforts to provide Edwin and his family with a interpreter of Bassa -- a West African language -- that assistance was unavailable during the entirety of the hearing process.

On appeal, the Appellate Division, Second Department, could discern no constitutional error in allowing the case to proceed in the interpretor's absence, given that the defense had access to a translator prior to the hearing, and Edwin's sister, who was fluent in both English and Bassa, was present throughout the proceeding's course.

Sorry, but we don't understand. 

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To download a copy of the Appellate Division's decision, please use this link: Matter of Edwin N. 

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Comments

And who could vouch that the sister was fluent, let alone literate in Bassa? The alphabet alone is a handful.


http://www.omniglot.com/writing/bassa.htm

This is shameful and unfair.

If it is determined that a defendant requires the assistance of a translator, I believe due process is violated if the court proceeds with a substantive hearing (e.g., allows opposing witnesses to testify, etc.), without that translator present.

My legal translation blog Translation for Lawyers, often addresses language translation and court interpreting issues, which are relevant to this case.

I'm truly puzzled by the Appellate Division's decision.

Best regards,
Nina

http://www.translationforlawyers.com

http://www.languagealliance.com

Nice Blog Nina. Now that Lucas posted your plug, you should link him on your web page.

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