Defending Non-Native English Speaking Clients in Criminal Trials
Program Summary: Language barriers, cultural misunderstandings, and law enforcement’s frequent mishandling of Miranda warnings often result in unfair prosecutions for non-native English-speaking defendants. Many of them unknowingly waive their rights, give coerced confessions, or struggle to navigate a system built for English speakers. This CLE program equips criminal defense attorneys with essential strategies for representing non-native English speakers, particularly Spanish-speaking defendants in criminal trials. You'll learn in detail about frequent constitutional violations, common law enforcement mistakes, as well as proven defense tactics to ensure these clients receive fair treatment under the law.
Key areas of focus include:
- Challenging Miranda waivers by demonstrating misinterpretations, inadequate advisements, and cognitive barriers.
- Exposing law enforcement errors, such as using unqualified interpreters, improper translations, and coercive interrogation tactics.
- Cross-examining officers and translators to reveal inconsistencies and undermine the reliability of confessions.
- Utilizing expert witnesses (linguists, psychologists) to highlight a defendant’s language and cognitive limitations.
- Leveraging constitutional protections (Due Process, Confrontation Clause) and international laws like the Vienna Convention to strengthen the defense.
Viewers will gain practical skills for filing suppression motions, identifying rights violations, and ensuring accurate interpretation throughout legal proceedings. By recognizing the cultural, linguistic, and legal challenges faced by non-English speakers, defense attorneys can more effectively challenge wrongful convictions and safeguard their clients’ rights.
This program is essential for any attorney handling cases involving non-English-speaking clients, providing actionable strategies to navigate language barriers, challenge flawed confessions, and advocate for a fair legal process.
CLE Credit: Up to 3 hours of self-study CLE credit, where authorized. Please confirm with your state's CLE commission to ensure this program is available for self-study CLE certification.
Presentations Included:
1. Guarding Miranda and Waivers Rancheros: Cultural Considerations in the Suppression of Confessions | Francisco Morales
2. Lost in Translation at Trial: Avoiding Issues Arising from Cross-Examination of a Non-English-Speaking Witness | Gabriel Reyes
3. Interpreters & Translators During Auto Stops & Interviews | Christopher Dupont
Prices
- List Price $79.00
- Member Price $69.00