Dingfelder Stone, John; (2018) Undervaluing the Right to an Interpreter: How Societal and Judicial Interests Threaten the Fairness of Multilingual Criminal Proceedings. UCL Journal of Law and Jurisprudence - Special Issue , 1 (1) , Article 2. 10.14324/111.444.2052-1871.005.

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Abstract

By its very nature, the right to a fair trial involves a balancing of competing interests. This paper examines how such a balancing process has undermined one particular fair trial right: the right to an interpreter under international law. In order to do so, the paper sets out the current contours of the right, highlighting and analysing the numerous trade offs that have been made in its development. The resulting analysis concludes that courts often prioritize judicial efficiency and economic frugality at the expense of the right to an interpreter with little or no understanding of the impact these decisions have on the effectiveness of the right. The end result is a balance that neuters the practical application of the right and undermines the fairness of criminal proceedings involving defendants who do not speak the language of the court.

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