Language Barriers in The Criminal Justice System
February 2025
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4 min read
Approximately 8% of the U.S. population qualifies as Limited English Proficient (LEP), meaning they speak English less than "very well." This language barrier not only complicates everyday interactions but also creates serious challenges in legal matters, making it difficult for them to communicate with their lawyers.
As a result, many LEP individuals are left vulnerable, unable to access the justice they deserve.
To provide fair representation, the Due Process Clause guarantees LEP defendants the right to an interpreter so they can understand the charges against them, communicate with their attorneys, and actively participate in their defense.
But what about their attorneys?
Imagine trying to defend someone in court without understanding a word they say. This isn’t a rare challenge, but a reality for public defenders in the U.S. when representing non-English-speaking defendants.
For a long time, public defenders have struggled with LEP defendants due to several reasons:
1. Country-wide shortage of court interpreters
The demand for court interpreters has grown in recent years due to increasing diversity across the U.S., while the supply of certified interpreters has failed to keep pace.
Take California for example, the state with the largest court interpreter workforce. In the fiscal year 2022-2023, California had only 1,310 Spanish interpreters available for 377,070 interpreted events. That means each interpreter had to handle an average of 287 events.
This shortage puts a lot of pressure on interpreters, leading to delays, miscommunication, and increased risk of legal errors.
For public defenders, this can mean longer case resolutions, challenges in building trust with clients, and, ultimately, a justice system that struggles to provide fair representation for LEP defendants.
2. A lack of linguistic diversity within the interpreter pool
The shortage of interpreters isn't just about numbers; it also involves a lack of linguistic diversity within the interpreter pool.
Many interpreters represent only a handful of languages, which means that less common languages often go unrepresented in court.
For example, while Spanish is widely spoken and has a significant number of interpreters, languages like Ukrainian or Turkish may have very few qualified interpreters available.
3. Strict court interpreter certification requirements
Becoming a certified interpreter isn’t easy. The process involves rigorous training, written and oral exams, background checks, and language proficiency training. Aspiring interpreters need to be fluent in both languages and also understand complex legal terms and procedures.
These strict requirements discourage many from pursuing this career, leading to a shortage of qualified interpreters when they’re needed most.
The good news is there are ways to make things better.
From tapping into available human resources to using newer technology, there are promising approaches that can help alleviate some of the pressure on public defenders:
People-based solutions:
1. Bilingual staff or community members
You may be able to find a bilingual employee or a community member to translate shorter footage in more common languages like Spanish or even Chinese.
But people in the US communicate in more than 350 languages, so finding an interpreter for less common languages within the community isn’t easy either. Even when available, they may lack the specialized knowledge needed for legal translations, leaving room for errors or misunderstandings.
2. Witnesses, relatives or friends who are fluent in the language
In some cases, you might ask witnesses, relatives, or friends of the defendant who speak the language to help translate the footage. While this approach might seem convenient, it’s far from ideal.
First, they aren’t professionally trained to provide accurate and unbiased translation. Misinterpreting a key phrase or a legal jargon could have serious consequences for the defendant’s case.
Second, relying on someone personally connected to the defendant could introduce a conflict of interest or unintentional bias. For instance, they might leave out details they think are unimportant or hesitate to translate sensitive or incriminating information accurately.
It can also create undue emotional strain, especially in high-stakes legal situations where objectivity is critical.
While this method might work short-term, it’s not a substitute for professional services, especially when justice and due process are on the line.
People + technology-based solutions:
1. Connect to live interpreters via call
Live interpretation services are a reliable option when you need immediate access to interpreters. These services operate 24/7 and offer support in multiple languages.
LanguageLine, for instance, connects you to a team of over 20,000 interpreters worldwide who support more than 135 languages. They also provide translation services for audio and video footage in 40+ languages, including American Sign Language.
While these services are efficient, they come with a price tag. Professional human interpreters typically charge by the minute, and costs can escalate quickly when dealing with extensive footage or prolonged conversations.
2. AI translation software
Tools like Google Translate or Microsoft Translator can process audio and video files in any language you want, and they are handy if you want quick translations on the go.
But if you have extensive footage and need an enterprise-level solution, there are more advanced platforms that are designed specifically for handling multimedia evidence.
Modern translation software is a more affordable and time-efficient solution that not only transcribes and translates footage, but also helps you review, search, and extract key evidence from the footage to present in court.
Reduct, for instance, gives you a side-by-side view of the original and translated transcripts of the footage, supporting over 90 languages. The translations are time-synced, meaning you can click on a word and jump directly to the corresponding moment in the video, so you can save a ton of time instead of watching and rewatching the footage.
These tools serve as a crucial step for triaging and reviewing extensive footage. While professional human review is still key, AI transcription software offers a practical and accessible solution to bridge language gaps in the justice system.
Language barriers in the legal system create huge challenges for LEP defendants and public defenders alike. While live interpreters and bilingual staff can help, they’re not always available.
Until systemic changes address the shortage and accessibility of court interpreters, public defenders will continue to face challenges in ensuring justice for all. However, AI translation software like Reduct provides a more affordable and accessible solution, allowing you to analyze footage in languages you don’t speak while maintaining accuracy and fairness in the legal process.
