Honors Theses
Date of Award
2011
Document Type
Undergraduate Thesis
Department
Modern Languages
First Advisor
Donald Dyer
Relational Format
Dissertation/Thesis
Abstract
One of the most important rights enshrined in the American Constitution is the right to due process of law. However, the execution of this right has been sporadic, and some groups have been consistently disadvantaged. Speakers of English as a second language make up one such group, especially limited English proficiency (LEP) speakers. LEP speakers' access to due process took a step forward with the 1978 Court Interpreters Act, which guaranteed interpreters for anyone who ‘‘speaks only or primarily a language other than the English language." However, decisions as to who speaks “primarily” a foreign language and who speaks English were left to the discretion of the presiding judge. Today, this means that non-native English speakers in higher-level federal courts will almost always receive highly qualified interpreters in order to ensure the fairest trial possible. At lower levels, however, judges are likely to rule that LEP speakers know enough English to represent themselves effectively. without interpreter assistance. How do judges make these decisions? In this paper, I analyze three dozen judicial opinions, looking at what judges say when they make and explain choices about language proficiency. Their choices can be subjective, and sometimes imply that conversational English and legal English are equally difficult and that knowledge of the former implies knowledge of the latter. The common decision that LEP speakers are capable of dealing with the courtroom is worrying when seen in light of the work of Rosina Lippi-Green and Beatrice Bich-Dao Nguyen showing that judges often rule that LEP speakers cannot be understood in educational or media environments.
Recommended Citation
Nodar, Leah Michelle, "And Justice For all: Non-Native English Speakers in the American Legal System" (2011). Honors Theses. 2080.
https://egrove.olemiss.edu/hon_thesis/2080
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