Court Issues Analysis 1

RUNNING HEAD: Court Issues Analysis

Steven Griffiths
CJA394
Troy Hokanson
University of Phoenix
18 MAR 13


Court Issues Analysis 2

The court system today faces many challenges from setting court dates, to dealing with an ever
increase in individuals who do not speak English. Accurately translating English to ones home language
during court proceedings requires the use of a language proficient individual within the judicial process.
It is most common to encounter a misconception that if one is bilingual then they have the ability to
interpret and by nature translate complex court documents, meanings, and options. The reality of the
issue is that the demands of the court system needing interpreters is especially complex, requiring a vast
knowledge of no less than two languages and a detailed training regime in language interpretation.
According to Klaus 1997: The demands of courtroom discourse on a person's linguistic resources differ
vastly from those of the environment in which many people in this country have become bilingual. In a
typical family, whether immigrant or not, members usually don't discuss "indictments," "waivers,"
"felonies" or "conspiracies." Yet these are common terms in court discourse. Individuals may learn these
terms in school, but only in English. This poses another problem, can one simply just have their rights
waived because there is no means for them to know what is going on with their case. Also,
interpreters are not always able to ask questions in order to clarify the question to the person who does
not speak English. If witnesses use a specific word, and it cannot be translated to the intended meaning,
clarification may be needed to insure proper accuracy. Accents are another problem, and represent a
superficial bounce back of a certain level of mastery in any given foreign language. If the interpreters
accent is perfect English, it can very well get in the way of the intended comprehension, and thus
becomes a problem. However, those interpreters who are very good, still have slight accents for the
simple reason that they learned English as a teenager, or even as a young adult; in this case they could
very well have an excellent grasp on the language. For every type of crime committed there is an
individual behind the action that has made a conscious choice to break the law, and accept the
consequences of their actions. Juvenile programs aimed at preventing crime from happening, and
providing counseling for youth offenders to help cope with their individual situations are nothing new.
Court Issues Analysis 3

The programs have been implemented by individual state, city or county officials, and staffed by either
paid or volunteer associates. According to the Kootenai County Juvenile Diversion Program: The
Diversion Program is a voluntary alternative to the formal court process for most first time offending
youth. Those referred to the program have committed a law violation and a police report has been
submitted to the Prosecuting Attorney's Office. Those cases meeting certain criteria are "diverted" to the
Youth Accountability Board. The Board is comprised of community volunteers trained to meet the youths
and prepare written Diversion Agreements. The Kootenai County program offers a variety of efficient
and cost effective programs to help the individual offender. The most common program is community
service, where the sentenced offender spends a determined amount of time serving in their community
and even in their specific neighborhood. Another program they offer is a shoplifting awareness program
that focuses on the effects of shoplifting on the community as well as the overall economy. Diversion is a
voluntary program that offers juveniles an opportunity to resolve a filed police report without appearing
in court. If a juvenile is referred to the Diversion Program by the Prosecuting Attorney, s/he will meet
with a Diversion Probation Officer to review their pending police report, their rights, and expectations of
the Diversion Program. If a juvenile agrees to participate, a social history interview will be conducted,
and the Diversion Officer will develop a contract for the juvenile and parent that may include a Diversion
fee, community service, reparation to victims, letters of apology, and applicable groups. The contract
encompasses aspects of accountability (holding the juvenile responsible to the victim and the community
for his/her offense) and competency development. The juvenile is given more information and skills
about the law, making better choices, and saying no to peer pressure. The typical contract length is 90
days; however, a juvenile may complete the program sooner if all contractual terms are met. Alternately,
the contract may be extended if more time or services are needed to complete contract terms. It provides
an in depth look at the consequences on the offender as well as the store owner and the consumers that
frequent the establishment. ("Ada County Juvenile Diversion Programs", 2012, para 6-7). These two
programs are both great at what they are meant to accomplish, they help the offender understand the
coming implications of their crime and they get to be a part of the community who wants them to
Court Issues Analysis 4

understand that there are always alternatives to whatever reason they feel a need to steal, vandalize, burn,
or assault. Understanding the causes of juvenile delinquency is an integral part of preventing a young
person from involvement in inappropriate, harmful and illegal conduct. Four primary risk factors can
identify young people inclined to delinquent activities: individual, family, mental health and substance
abuse. Often, a juvenile is exposed to risk factors in more than one of these classifications. The main
participant pool for juvenile diversion programs are those who are most at risk of becoming a multiple
offender both in the juvenile system as well as the adult system later on in life. Also, the key participant in
these programs is the first time offender, who, without these types of programs would not ever know the
domino effect of their actions later in their lives. The best of the two programs at reducing juvenile crime
is going to be a program like the shoplifting prevention program. If the youth offender has a better idea at
who they are hurting (and they actually care) they might think twice before they take money out of their
parents pockets, or even the parents of their friends pockets. Giving them a clear understanding of the
path of their actions might persuade them to be more productive in society rather than a burden to society.

References
Klaus, H. (1997). Court Interpreting: Complexities and Misunderstandings. Retrieved from
http://justice.uaa.alaska.edu/forum/13/4winter1997/a_interp.html