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Amendment reads, in part, In all criminal prosecution, the accused shall enjoy the right to be
informed of the nature and cause of the accusation and confronted with the witnesses against
him ("Find Law for Legal Professionals ", 2014).
The Constitution does not specify that courts must proceed in a language that the
defendant understands. However, it does specify the notion of a fair trial for all Americans,
which caused courts to determine that individuals are permitted to have interpreters. In the case
of U.S. ex rel. Negron v. New York the court found the defendant guilty after hearing the
testimonies of 14 individuals. Twelve of which were not interpreted in Spanish for the defendant,
who did not speak or understand English (Brown-Blake, 2006). The court ruled that lack of
interpretation led to the inability of the accused to respond to specific testimony, which would
inevitably hamper the capacity of his counsel to conduct effective cross0examination (BrownBlake, 2006, p. 392).
Court-interpreters
With the increase of diversity in the United States, brings languages and culture barriers.
In a courtroom setting, if the defendant cannot understand English then the court will locate an
appropriate interpreter who speaks and understands the language of the defendant. While it is
more common to have a Spanish-speaking interpreter, courts can struggle to find the more rare
cultures in America such as Swahili.
Some courts prefer to conduct proceedings over a video monitor for more convenient
purposes, rather than bringing an interpreter to appear in court. The court would call an
interpretation service via telephone and conference the interpreter into the video proceedings.
The judge will then direct the interpreter to interpret the testimony and examination for the
defendant.
In order for the defendant to have a fair trial the courts must ensure that the defendants
are aware of the charges being brought against them, so they can make informed decisions about
the case, such as legal counsel bail, and plea bargaining. In order to fully inform the defendant,
the court must take the first step in ensuring an adequate interpreter in a language they
understand.
Victim Rights
In the 1970s, courts viewed victims of crimes as regrettable casualties of growing
criminal activity, victims rights were virtually non-existent (Muraskin & Roberts, 2009). During
the 1970s, people organized support groups, and advocacy organizations to help victims of
crimes (Muraskin & Roberts, 2009). During the 1970s victims were not notified if an arrest had
been made in relation to their case or if an individual had been convicted of their crime. Many
victims had no knowledge if police recovered their stolen property, or if they would receive
compensation to testify in court because they missed work (Muraskin & Roberts, 2009).
By 2000, 49 states passed a Victims Bill of Rights and former presidents Clinton and
G.W. Bush endorsed amending the Constitution to ensure victims rights in court proceedings
involving sentencing, parole, and restitution (Muraskin & Roberts, 2009). Congress passed the
Crime Victims Rights Act in 2004, which ensures victims rights during federal court
proceedings. Currently, all 50 states, Washington D.C., and many U.S. territories have victims
rights within the statutory codes (Victim Law, 2013).
Victim of crimes rights are protected by law, The Victims Rights Law not only protects
victims of crimes, but their family, and witnesses as well. Massachusetts does not have a victims'
rights amendment to its constitution. Victims rights in Massachusetts include:
developments
The right to notice of court hearings, and the right to attend those hearings
The right to information regarding witness protection
The right to information regarding financial assistance and social services
The right to a prompt disposition of the case
The right to confer with the prosecution
The right to request confidentiality
The right to a secure waiting area
The right to information regarding witness fees
The right to assistance with employers and creditors on financial matters
The right of a subpoenaed witness not to face employment repercussions
The right to agree or refuse to be interviewed
The right to confer with probation prior to filing of the presentence report with the
judge
Victims are allotted certain rights, such as to be present at the court process, to decline to
speak with defense counsel or a defense investigator, and to pursue civil actions for damages. If
victim rights were not created then victims would not be able to stand up to their attacker and get
the closure, they need in fear of their safety. All of these rights are created to protect and secure
the future of victims of crime, if I were to change anything in the criminal court system it would
be to continue to evolve with new crimes come new laws and regulations.
References
Brown-Blake, C. (2006). Fair Trial, Language and the Right to Interpretation. International
Journal on Minority and Group Rights, 13(4), 391-412.
Retrieved from http://av4kc7fg4g.search.serialssolutions.com.ezproxy.apollolibrary.com/
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al&rft.genre=article&rft.atitle=Fair+Trial
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Minority+and+Group+Rights&rft.au=Brown-Blake
%2C+Celia&rft.date=2006&rft.pub=Martinus+Nijhoff+Publishers
%2C+an+imprint+of+Brill&rft.issn=1385-4879&rft.eissn=15718115&rft.volume=13&rft.issue=4&rft.spage=391&rft.epage=391&rft.externalDBID=n
%2Fa&rft.externalDocID=n%2Fa¶mdict=en-US
Muraskin, R., & Roberts, A. R. (2009). Visions for Change. Crime and Justice in the TwentyFirst Century, Fifth Edition. Retrieved from The University of Phoenix eBook Collection
database
Find Law for Legal Professionals . (2014). Retrieved from
http://constitution.findlaw.com/amendment6.html
Mass.gov. (2014). Retrieved from http://www.mass.gov/eopss/law-enforce-and-cj/prisons/domviolence/massachusetts-victim-bill-of-rights.html