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Impact of Language Access and the Requirements of Title VI on
Law EnforcementSeptember 29, 2017
2-3:30pm Central Time
Michael P. LaRiviere, Victim Services, Salem Police Department
This project was supported by Grant No. 2015-TA-AX-K027 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this
(document/program/exhibit) are those of the authors and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.
Thank you for joining us today!
The materials are available on our website: http://www.bwjp.org/training/webinar-impact-language-access-requirements-title-vi-law-enforcement.html
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Webinar September 29th 2017
The Impact of Language Access and The Requirements
of Law Enforcement Under Title VI
Battered Women’s Justice Project
Source of Law
Title VI- No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving financial aid assistance.
LEP Executive Order 13166 (2001)Requires all agencies receiving any federal financialassistance to: Ensure meaningful language access Develop and implement language access plans “Where the denial or delay of access may have life or death
or other serious implications, the importance of the fulland effective delivery of LEP services is at its zenith.”
Points of Identification
Dispatch Walk-in On the scene Accompanying service agency
(e.g., Child Protective Services) Call into station Others?
Law Enforcement Officers
What do you do when you arrive at a crime scene?
First Response
Locate and secure the scene Are there any weapons? Is anyone injured? Identify the people involved:
Victim Offender Witnesses
If offender is not on the scene: Where is the suspect? Are they a continuing danger? Is suspect in possession of weapon?
What do you do when the individuals at the scene are
LEP?
How can you get the information you need to secure the scene?
DOJ and Exigent Circumstances
Use the most reliable temporary interpreter available to address exigent circumstancesFleeing suspectWeaponsLife threatening to the officer /victim/or public
DOJ Requirements for Investigations & Interrogations
“A qualified interpreter shall be used for any interrogation or taking of a formal statement where the suspect or witness’ legal rights could be adversely impacted” Criminal interrogations Crime witness interviews
Vital written materials translated into primary language Miranda warnings
Bilingual Officer v.
Qualified Interpreter
Exigency Shifts to Investigation 11
Now that the emergency is over, how do you work with victims,
witnesses, and offenders who are limited English proficient (LEP)?
The Investigation Begins
Calldetective CallFire/Rescue Takeinitialstatements Callcrimescene Photograph Formalinterviewsatthestation Developprobablecause Preparecaseforprosecution
LanguageResources
Language Line Video Remote Interpretation Immigrant community based
organization partners Health care providers School systems
Using Qualified Interpreters
Benefits Safety ID offender Locate weapons Admissible statements
(Excited Utterances) Offender Accountability
Harms Mistaken ID of offender Risk to LE/Others Arrest of victim Misinterpretation
results in inaccurate statements
Trauma to children Negative Impact on
cases
Jose Lopez Meza - 2008
Charged with first degree murder – Charge was dropped to manslaughter Baby died after Meza shook his 3 week old son so
violently the child’s brain began to swell, ultimately killing him
Detectives used a Spanish speaking officer to assist with the interview
Review of the tapes by court appointed certified interpreters revealed that the officer interpreting left out some of the information, misinterpreted several statements made by the suspect and the detective
Certified:Passedlanguagetestingspecializinginlegalormedicalsettings;shouldprovidecertificationnumberandstate;nativeornearnativefluency
Registered:completedanEnglishfluencytest;shouldprovideregistrationnumberandstateregistered
Qualified:Maynotbecertifiedorregistered,buthascompletedinterpretertrainings,fluentinbothlanguages,andunderstandsinterpreterethicsandcanons
Assessing Interpretation Ability
Tips for Working with Interpreters
Control the interview Pre-session with the interpreter
Where are they located? Establish what your rules are
□ how do you want the interpreter to interpret?
Interpreter has to interpret everything that you say Example: when you are explaining confidentiality
Spotting an Ineffective Interpreter
Can you understand the interpreter? Does the LEP individual look confused? Does the interpreter appear confused? Is the interpreter engaging in side conversations? Is the interpreter engaging in conversations with the
individual before/after the interpretation meeting? Is the interpreter summarizing? Is everything being interpreted? Is there a change in the individual’s demeanor?
Relying on relatives, children, or friends to interpret for clients
Only bilingual are used as interpreters, in addition to the other staff job responsibilities
No formal arrangements are in place to hire competent interpreters
Staff does know how to contract for interpretation services
Staff are turning away LEP individuals No translated materials
Signs You Need a Policy and Plan
NationalImmigrantWomen'sAdvocacyProjectattheAmericanUniversityWashingtonCollegeofLaw
33
Developing an Effective Language Access Plan
Language Access
Plan
Identification and
assessment of LEP
communities
Collaboration with LEP
communities and other
stakeholders
Description of timeframes,
objectives and benchmarks
Identification of persons who
will implement the plan
Identification of funding and procurement
strategies
Staff training on policies and procedures
Outreach to notify survivors
of language assistance services
Monitoring and updating of
policies, plan and procedures
21
How does the LEP population come into contact with your agency?
Who is your LEP population? How are you serving LEP populations? What trainings for staff do you have in place? How do you reach your LEP populations? What are your policies and procedures?
LEP Plan Self Assessment
NationalImmigrantWomen'sAdvocacyProjectattheAmericanUniversityWashingtonCollegeofLaw 36
Creating Language Accessibility
Policy: Standards and Guidance -These include definitions, authorities cited, and the relation to organizational work Plan: Map/Blueprint Who will implement? Staff training and procedures? Identifying LEP/Deaf and hard of hearing communities Monitoring effectiveness and updating policies Outreach and Notices to LEP communities How will you provide meaningful access?
Procedures Detailed explanations that specify steps to achieve access
including staff roles, phone numbers, and interpreter contact process NationalImmigrantWomen'sAdvocacyProjectatthe
AmericanUniversityWashingtonCollegeofLaw37
Training on Policies, Protocol and Procedures
Training for bilingual officers, advocates, civilian employees and others on interpretation (Across Jurisdictions)
Qualified interpreter assessments Access to over the phone interpretation for officers, detectives
and other department staff Expected acquirement of audio/video all inclusive interpreter
stations Development of language access policies, procedures and
protocols Action and procedure memo’s that support meaningful
response Collaboration with service providers, others Community outreach
Some things SPD is doing to address Language Access
Questions
NationalImmigrantWomen'sAdvocacyProjectattheAmericanUniversityWashingtonCollegeof
Law26
Michael [email protected]