Promoting Accurate and Effective Communication with

Limited English Proficient Persons: Law Enforcement

and Community Safety Benefits

Albuquerque Police Department LEP

in collaboration with

Mayor’s Sexual

and

Domestic Violence Taskforce

 

Collaborative Parters: New Mexico Asian Family Center

Elena Giacci, Enlace Comunitario, National Immigrant Women’s Advocacy Project (NIWAP),Washington College of Law

American University, & Asian and Pacific Islander Institute on Domestic Violence

Demographics

What Languages do the

Victims and Witness

You Work With Speak?

New Mexico – Demographics (2011)Total foreign born population – ~199,903 9.8% of the state’s 2.04 million people is foreign born (@200,000)

Of this population:~32% naturalized citizens~68% non-citizen status (permanent residence, temporary

legal status or undocumented)41.1% rise in immigrant population from 2000 to 2011

6Source: http:www.migrationinformation.org/ (August 2013)

New Mexico – Demographics (2011)

Proportion of new immigrants27.1% entered in the 1990s35.1% entered 2000 or later

21.1% of children in the state have 1 or more immigrant parents85.2% of children with immigrant parents in the state are U.S. citizens

NM – Countries/Regions of Origin

*Source: http://www.migrationinformation.org/datahub/state.cfm?ID=NM (March 2013)

(2011)Country/Region Percentage

Mexico 71.4%

Germany 2.5%

India 2.2%

Caribbean 2.2%

China mainland/HK/Taiwan 2.0%

Cuba 1.9%

Philippines 1.7%

Canada 1.6%

United Kingdom 1.3%

El Salvador 0.9%

Top 10 Languages

Spanish 78.3%

Navajo 9.1%Native North American languages 4.8%

German 1.1%French 0.7%Chinese 0.6%

28.1%20.1%

10.8%20%9.4%54.1%

% of “speak English less than ‘very well’”

Top 10 Languages

Vietnamese 0.5%Japanese 0.4%Arabic 0.3%Taglog 0.3%

65.2%28.2%22.8%22.6%

Top native American LanguagesKeres TewaTiwaTowaZuniNavajoSouthern Athabaskan –JicarrillaMescalero Apache (derivative of Southern Athabaskan)

Emerging Languages: Refugee Populations*CubanSomaliArabic – Iraq

PashtoUrduFarsiDari

* Information provided by Catholic Charities

LEP Definition

DOJ LEP Definition

Individuals who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English can be limited English proficient, or "LEP." These individuals may be entitled language assistance with respect to a particular type or service, benefit, or encounter.

Deaf

Deaf (upper case ‘D’) refers to an identity with its own culture, language, and diverse communities; ‘deaf’ refers to a physical condition/ impairment. Deaf and hard of hearing often appear as a disability issue, but also is a language issue.

Conversation about proficiency Effect of TraumaLanguages that do not have words for certain

crimesRape Sexual assault

Cultural taboos about discussing sex and sexual violence

Source of Law Slide

Civil Rights Act of 1964 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

Source of Law SlideLaw governing National Origin and LEP Exec Order 13166

Federal Agencies providing financial assistance must provide recipients with guidance on obligations to provide meaningful access

Federal agencies must ensure meaningful access and develop plans to carry out meaningful access

Source of Law SlideCrime Control BillDOJ RegulationsADANew Mexico Constitution

Article 2 Section 14Article 7 Section 3

DOJ Model GuidancePolice provide free language access to

LEP persons who request it When officer decides it is helpful to the criminal investigation

or prosecutionPolice will inform members of the public that language

assistance is available free of chargeLanguage access provided in persons primary language

From: DOJ Sample p. 1-2 – Policy

DOJ Model Guidance

Primary language means Native tongueLanguage in which the individual most effectively communicates

Translation – writtenSpanish, Chinese, Dine, Vietnamese, Korean

DOJ Model GuidanceInterpretation - oral

Act of listening to a communication in one language and orally converting it to another language while retaining the same meaningConsecutiveSimultaneousSight

Bilingual Interpreter Resources

Bilingual officers Certified by Albuquerque HR

Telephonic: Pacific InterpretersCommunity Resources

Contract/Volunteer

Bilingual Interpreter ResourcesInterpreter vs. Bilingual person

Interpreter is a trained professionalBilingual person does not have interpretation skills

Procedures: Officer Request

Officer in the field can request an interpreter from their supervisor to facilitate communication

LEP person requests

Perpetrator is LEP

Officer identifies the need

Procedures: Officer Request

Is there effective communication with a person who has a limited ability to read, write, speak or understand English

Role of culture in this determination

Scenarios: To Identify Language Needs

How does an officer secure the scene?

Securing the sceneWho is the perpetrator?Is the offender present?Where is the offender ?Does the perpetrator have a weapon?Is there a weapon in the house?Where is it?Is anyone injured?Who ?

How do you obtain this information

Could you ask these questions and still not know if the person is LEP?

Who needs Interpretation Assistance Hypothetical scenario interactive activityGood questions to ask someone you think may be LEP – context

Goals put the person at ease and officer access English language communication abilities before getting into the actual case

How do you know whether the persons you are speaking with are LEP

Crime scene at someone’s house

Describe the layout of your house

Crime scene in public or traffic stop

Where are you going

How are you going to get there

How do you know whether the persons you are speaking with are LEPCome to the station to make a report

Domestic violenceTell me how your day began

Sexual assault

Exigent Circumstances

Use the most reliable temporary interpreter available to address exigent circumstances

Fleeing suspect

Weapons

Life threatening to the officer /victim/or public

Exigent Circumstances

Once exigency passesSeek an interpreter

Bilingual personnel HR approvedPacific interpretersContract /volunteer interpreters

Use of Family, Friends, Bystanders in Exigent Circumstances For Securing the scene

Informal interpretation, ANDNon-confrontational contexts

Use of Family, Friends, Bystanders in Exigent Circumstances For

Only to obtain basic information at the request of the LEP victim

Ideally after determining that the friend, family or bystander is Not the perpetratorNot the perpetrators family member or friend

What are the concerns about using a friend,

neighbor, family member, bystander to

interpret?

Why children should not interpret

They are possible witnesses to the incident

Words and concepts may be difficult to understand that the officer uses

Interviewees are not likely to be forthcoming with officers if a child is interpreting

Interpreting could put the child at risk from the perpetrator

Why children should not interpretThe child may lie about the interpretation Statements and police reports interpreted by children will be challenged in court by the perpetrator

Putting the child in such a circumstance can be harmful to the child’s emotional development

Barring exigent circumstances should not use childrenShort time frame onlyLife threatening emergency

ExamplesTell EMT what hurts

Fleeing perpetratorOnly questions related to securing the scene

After situation is secured obtain an interpreter

Children

How might interviewing the child instead of

getting an interpreter to interview the adult

affect the criminal case?

ChildrenBe aware of the difference between

…interviewing an English speaking child at the scene and

…having that child interpret for interview of others

How Interpretation Benefits to Law EnforcementHow will it affect case outcomes?

Affects case outcome, avoids

Case being dismissed

Lesser charge

Conviction overturned

Prosecutor decides not to prosecute

How Interpretation Benefits to Law EnforcementImproves officer safety

Correctly identify victim and perpetrator

Primary aggressor determination

LEP persons with interpreters are better able to follow law enforcement directions

Improves integrity and quality of the investigation

Reduces impeachment evidence at trial

Why is accuracy of information importantBetter statements for prosecution

More likely to get accurate statements from LEP person at the scene due to accurate interpretation

Prosecutor has solid statement should the victim recant

Reduces number of times victim will need to be interviewed to clarify “inconsistencies”

Language identification I need an interpreter – I speak Cards

Sample of language cardsUNIVita tool Add web address

Need on-line capacity

Using an interpreter in the context of a criminal investigationOfficer responsible for

The investigation of a case

Interrogations

Controlling actions in the case

Using an interpreter in the context of a criminal investigation

Interpreter is

A third party neutral conduit for communication

Not there to investigate only to communicate

Ensuring interpreter impartiality

Screen for conflict of interestWhere is the interpreter from?Does the interpreter know the parties or witnesses?

Confirm that they follow the interpreters code of ethics

Ensuring interpreter impartialityAsk the LEP person if they

Know the interpreter?Are comfortable with this person interpreting?

If they are not comfortable contact supervisor to seek another interpreterVia telephone or other resource

If you are a bilingual officer serving as an interpreterI am here as an agent of the APD

I do not represent your interests

This interview is not confidential

My primary role is to interpret for the investigating

officer

If you are a bilingual officer serving as an interpreter

Everything that is said I will interpret

I am assisting in the investigation and I am interpreting

This role is different than when a bilingual officer is

conducting an interrogation with an offender who speaks

their language

Interpreter Code of Ethics1. Accuracy and Completeness2. Representation of Qualifications3. Impartiality and Avoidance of Conflict of Interest4. Professional Demeanor5. Confidentiality6. Restriction of Public Comment7. Scope of Practice8. Assessing and Reporting Impediments to Compliance

9. Duty to Report Ethical Violations

10. Professional Development

How to work with an in-person interpreter

Officer explains to the LEP person the role of the interpreter in

the interview:

Interpreter is a neutral person

The interpreter will not insert his or her perspective into

the communication

The interpreter will ONLY interpret and not provide advice

How to work with an in-person interpreter

Everything said will be interpreter

Interpreter will not independently question the LEP person

Take identification information from the Interpreter

Before Working with an InterpreterInform the interpreter of any special terminology used in the case

Interpreting traumatic eventsAsk the interpreter if he/she know terminology for body parts and the confirm that he/she is comfortable interpretingTraumaTorture

Before Working with an Interpreter

Prepare interpreter to sight translate by notification in advance * remain with the interpreter and party during sight translation

Working with an interpreter

1. Everything will be interpreted – false starts, mumbling, cursing and thinking out loud. This includes you and the client.

2. Explain all is confidential – Interpreters are covered under Atty/client privilege.

3. Maintain pauses and hand signals to regulate the speaker.

Working with an interpreter

1. Conduct team interpreting for events more than two hours.

2. You will need to explain and break down the legal concepts.

3. Do not give the interpreter any explanatory responsibilities

Tips for working with an interpreter

Speak directly to the LEP person

Do not speak to the interpreter

Use 1st person language

Speak slowly, even pace, and short segments

Do Not Ask the Interpreter for opinion or advice

Tips for Working with an Interpreter

Avoid using technical terms, slang, or abbreviations

Instruct LEP person to think about what they are saying and not be distracted by the interpreter

Be in control of the conversation

POP QUIZ1. It’s okay for the interpreter to summarize the client’s words

2. APD officers interpreting and interpreters are pretty much the same

3. An interpreter is a cultural broker, it is best to ask the interpreter for his or

her opinion.

POP QUIZ

1. You can tell the interpreter to interpret certain things or to omit certain statements during the meeting

2. A qualified interpreter should provide his/her opinion regarding English proficiency of the LEP individual

Standard Procedures Still Apply

Take photos or contact officer if they develop bruisesProvide information about available resources in available languages for victims

Documenting further contact from the offenderProvide the officer more details when they remember more

Signs of Interpretation Problems

Does the LEP person look confused?

Does the interpreter look confused?

Is the interpreter engaging in side conversations?

Is there a change in the LEP persons demeanor?

Can you understand what the interpreter is saying ?

APD Procedure for Accessing

Telephonic Interpretation

[ to be filled out by APD ]

Telephonic Interpretation

Know how to call Pacific interpreters

Use a speaker phone

Control for extraneous noise around youPerform a sound check to make sure officer, interpreter, LEP person can hear

Telephonic Interpretation

Direct all to speak into the microphone

Screen for neutrality

Write down the interpreters ID number

and language spoken

EvaluationHow will we evaluate