E S P E

RESEARCH DISSERTATION

THEME: “THE RELATIONSHIP BETWEEN

THE TRANSLATOR´S PROFESSIONAL ROLE AND THE JUDGES´ FINAL VERDICTS AT CRIMINAL COURTS IN QUITO, JUNE 2003 – FEBRUARY 2009”.

LEGAL FOUNDATION

Ecuadorian Constitution

Organic Code of the Judicial Function

Proposal

INTRODUCTION

Goal: To take a depeer look into Ecuadorian Justice

Focus on: Ethical Formation

RESEARCH STATEMENT

RESEARCH PROBLEM

Problem

Rule violated

JudgeTranslation Expert

CAUSE EFFECT

• Foreign affairs are to be resolved.

• Translators are called upon when the situation arises.

• There is not team work among Legal Parts and Translator Experts.

• No technical up today instruments are used to collect legal information in its fullest extend.

PROBLEM FORMULATION

Main problem

Verdicts in criminal processes are not followed through.

Trials are not held on time.

Secondary Problems

Ignored foreign control bodies of justice.

Lack of evidences

Aspirations are stronger than ethics

Faulty chain of custody.

VARIABLES MATRIXIndependent variable

The role of the translator expert.

Dependent variable

The judge´s Final Verdict.

• The professional role of the translator expert and the Judges Final Verdicts at the Criminal Courts of Quito in some cyclical cases chosen at random during 2003 and 2009.

OBJECTIVES

GENERAL OBJECTIVES

To provide reliable translations so magistrates get a correct idea before sentencing;

To weight validity of information for final pronunciation;

To discuss electronic documentation in front of testimonies.

OBJECTIVES

SPECIFIC OBJECTIVES

To make the case known to the translator from the very beginning;

To include translator´s presence at preliminary hearings;

To share process of selecting participation;

To translate data on real time;To use actual technology;To work as a team.

JUSTIFICATION

Open communications worldwide through translations for the judge to discover tendencies of innocence or responsibility.

STRUCTURE

TRANSLATOR´S ROLE JUDGES´VERDICTS

Translating Approaches

Language Interpretation

Unbiased verdicts

Everybody´s innocence until proven the contrary.

INDEPENDENT VARIABLE DEPENDANT VARIABLE

RELATION BETWEEN INDEPENDENT AND DEPENDENT VARIABLES

Legal Translation

Research Problem Concepts

THEORICAL FRAMEWORK Structure

Hypothesis System

Active translating

Passive translating- Translatin

- Fluency

- Grice Cooperative principles.

Translation Process

Contents

Trial Attorneys at Court

Documents Source

District Attorney´s Office

Documents Delivery

Conclusion

Date

Extracted one

Literal Form

CHAPTER IIIMETHODOLOGY

CHAPTER IVANALYSIS AND INTERPRETATIONJudging evidence

So, the alpha value at 005 for the 95% of confidence with 4 degrees of freedom lies at the amount of 13.68 at the chi square table, result which is much more inferior to the known chi square total value of 37.60, therefore the null hypothesis is rejected and the working hypothesis accepted with the 95% of confidence being sure that both translation types were related at the period of investigation in the Criminal Courts of Quito.

Options a m f r n TotalWritten 20 11 2 9 8 50Spoken 34 4 8 2 2 50

Total 54 15 10 11 10 100Grand Total

O E O - E (O – E)2 (O – E)2/E

20 27 -7 49 1,81  

34 27 7 49 1,81  

11 7,5 3,5 12,25 1.63  

4 7,5 -3,5 12,25 1,63  

2 5 -3 9 1,80  

8 5 3 9 1,80  

9 5,5 3,5 12,25 2,23  2 5,5 -3,5 12,25 2,23  8 5 3 9 1,80  2 5 -3 9 1,80  

18.54  

options a m f r n

Written 27 7,5 5 5,5 5

spoken 27 7,5 5 5,5 5

CHAPTER V

CONCLUSIONS AND

RECOMMENDATIONS

CONCLUSIONS RECOMMMENDATIONSThe researcher has 95% confidence that there is a relationship between written and oral translations at the Criminal Courts of Quito Ecuador in the period of study since the statistical amount shown at the critical value is 13.68, quantity inferior to the total chi square of 37.60

a. Legal Translations should be developed by translator experts specialized on legal terms.

The study also deducts that oral and written translations have the same value while concerning to final verdicts happened on the issue in question;

b. Judges should try to get one translator expert from beginning to end of the case

The researcher as well, discards the null hypothesis according to what statically is established by the rule of chi square table: “reject the null hypothesis if the chi-square is equal to or larger than the critical value; accept the null hypothesis if the chi-square is less than the critical value”.

Translator experts and Judges should always share each others ‘points of view.

Tutoring SurveyDo you introduce your tutoring?Do you explain the values of polite requests?Do you establish attention signals for controlling

groups?Do you simplify questions according to difficulty levels?Do you accept, reject, or correct student responses?Do you repeat and rephrase questions and answers?Do you simplify instructions both orally and written?Do you refuse or give permissions when asked?Do you monitor the levels of pupils understanding?Could you give an example of warning or other advice?Do you explain cause and effect?Do you state intentions, make suggestions, express

degrees of probability and speculate future happenings?