Language Access for Law Enforcement Webinar Slides for April 15, 2019 Đ National Resource Center for Reaching Victims of Crime Title Slide 1: Language Access for Law Enforcement: Adhering to the Requirements of Title VI * Language Access Webinar Series Slide 2: Welcome * Byenvei * Bienvenidos * Willkommen * Benvenuto * Bienvenue * Mabuhay Slide 3: Learning Objectives By the end of this workshop, you will be able to: Ą Understand the requirements of Title VI Ą Understand how investigations can be improved by using language access tools Ą Enhance victim safety and participation in the criminal justice system by improving language access Ą IMAGE of Language Access Symbol Ą IMAGE of a Key Slide 4: Introductions * IMAGE of Leslye E. Orloff o Director o National Immigrant WomenŐs Advocacy Project, American University Washington College of Law * IMAGE of Wendy Lau o Program Manager o Asian Pacific Institute on Gender-Based Violence * IMAGE of Michael LaRiviere, in uniform o Investigator o Salem, MA o Police Department Slide 5: The National Immigrant WomenŐs Advocacy Project Brochure * LINK To: National Immigrant WomenŐs Advocacy Project: National Immigrant WomenŐs Advocacy Project Slide 6: LetŐs see who is on the webinar with us: Poll 1 Please check the box that best describes you: Ą Law enforcement Ą Domestic violence/sexual assault victim advocate Ą Prosecutor Ą Attorney Ą Other Slide 7: US Đ Countries/Regions of Origin & Limited English Proficiency (LEP)(2017)* * Asia Đ 28.1% o China/Taiwan (6.2%) o India (5.6%) o Philippines (4.4%) o Vietnam (3.1%) o Korea (2.4%) * Latin America Đ 51.0% o Mexico (26.5%) o Other Central America (4.7%) o South America (6.8%) o Caribbean (9.8%) o El Salvador (3.2%) *Source: Migration Policy Institute Data Hub (January 2017) Slide 8: US Đ Countries/Regions of Origin & Limited English Proficiency (LEP)(2017)* (2) * Europe Đ 10.9% o Eastern Europe (4.9%) * Oceania Đ 0.6% * Africa Đ 4.9% * Middle East Đ 2.7% * Non-U.S. North America Đ 1.8% * Language spoken o 21.6% of people in the U.S. speak language other than English at home o 49.1% of foreign born persons are LEP - speak English less than Ňvery wellÓ Source: Migration Policy Institute Data Hub (January 2017) Slide 9: Language Access Ą Best practices to successfully investigate and prosecute cases involving non-English speaking victims Slide 10: Source of Language Access Laws Ą Title VI-ĘNo person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving financial aid assistance. Slide 11: Source of Language Access Laws (2) Ą LEP Executive Order 13166 (2001) Ą Requires all agencies receiving any federal financial assistance to Ą Ensure meaningful language access Ą Develop and implement language access plans Ą ŇWhere the denial or delay of access may have life or death or other serious implications, the importance of the full and effective delivery of LEP services is at its zenith.Ó Slide 12: What is Meaningful Access? Meaningful access is defined in the US Department of JusticeŐs own Language Access plan as: Ą ŇLanguage assistance that results in accurate, timely and effective communication at no cost to the LEP individual. For LEP individuals, meaningful access denotes access that is not significantly restricted, delayed or inferior, as compared to programs or activities provided to English proficient individualsÓ Slide 13: Recipients of Federal Financial Assistance and Title IX Compliance Ą GRAPHIC of Law enforcement, courts, victim service providers, schools, government programs all connected. Ą IMAGE of many hands touching hands in the middle Side 14: What is a recipient of federal financial assistance? Ą Recipients of federal funds range from state and local agencies, to nonprofits and other organizations Ą Example of recipients: Law enforcement, courts, victim service providers, government programs Ą Includes- grants, training, use of equipment, donations of surplus property, and other assistance Ą Title VI covers a recipient's entire program or activity -even if only one part of the recipient receives the federal assistance Ą Sub-recipients are also covered Slide 15: Interpretation: Use of 1st Person Ą The conversion of spoken language into another language verbally: Ą IMAGE of two people talking with an interpreter: o person 1: What is your name o Interpreter: ?Como se llama?; o Person 2: me llamo Raquel Slide 16: No 3rd Person Ą Officer (to interpreter): Can you ask the victim what happened? Ą Interpreter (into the other language to victim): Can you ask the victim what happened? Ą Victim: ??????? Slide 17: Use of 3rd person Ą Interpreter to the officer: Officer, the interpreter is not familiar with the acronym R.I.C.O. Could you please explain what it stands for so that the interpreter can interpret accurately. Ą Interpreter to the officer: Officer, the interpreter was unable to hear the response from Mr. Speak-too-low. Could you please ask him to speak up so that I can interpret accurately. Slide 18: Translation The conversion of written text from one language into the written text of another language IMAGE of: hands typing and translating documents on a laptop Slide 19: DOJ Model Guidance Ą Police provide free language access to: Ą LEP persons who request it Ą When officer decides it is helpful to the criminal investigation or prosecution Ą Police will inform members of the public that language assistance is available free of charge Ą Language access provided in persons primary language Ą DOJ Sample Policy Center City Police Department Ą DOJ Approach to language access outline in: Steps for Obtaining Interpreters Slide 20: Poll 2: Ą First responders: What do you do when you arrive at a crime scene? Ą IMAGE of Police car and ambulance arrived on a crime scene. Slide 21: First Response Ą IMAGE of police officer blocking off a crime scene Ą Locate and secure the scene Ą Are there any weapons? Ą Is anyone injured? Ą Identify the people involved Ą Victim Ą Offender Ą Witnesses Ą If offender is not on the scene Ą Where is the suspect? Ą Are they a continuing danger? Ą Is suspect in possession of weapon? Slide 22: DOJ Requirements and Exigent Circumstances Ą Use the most reliable temporary interpreter available to address exigent circumstances Ą Fleeing suspect Ą Weapons Ą Life threatening to the officer /victim/or public Slide 23: Poll 3: What evidence if interpreted incorrectly could harm a prosecution? Ą Police reports Ą Victim statements Ą Excited utterances Ą Witness interview Ą All of the above Slide 24: On Scene Considerations Ą Separating parties Ą Use of two interpreters Ą Is the abuser threatening in a different language or making intimidating gestures? Ą Headset and background noise Ą Consider cultural differences (ex. matriarchal vs. patriarchal ) Ą Be aware of the perception of an implicit bias Slide 25: DOJ Requirements for Investigations & Interrogations Ą ŇA qualified interpreter shall be used for any interrogation or taking of a formal statement where the suspect or witnessŐ legal rights could be adversely impactedÓ Ą Crime witness interviews Ą Criminal interrogations Ą Vital written materials translated into primary language Ą Miranda warnings Slide 26: Poll 4: Choose someone who speaks English you would select to speak to under exigent circumstances? Ą Child Ą Perpetrator Ą Neighbor Ą Relative Ą All of the above Slide 27: What is a Qualified Interpreter? Ą Category for languages that certification does not exist but the interpreter has: Ą completed interpreter training and Ą has experience interpreting. Ą Certified by the United Nations for Conference Interpreters (28 U.S.C. ¤1827). This is different than a Certified Interpreter IMAGE Of lightbulb lifting weights - considering great ideas Slide 28: Salem Police Department Addressing Language Access Ą Training for bilingual officers, advocates, civilian employees and others on interpretation (Across Jurisdictions) Ą Qualified interpreter assessments Ą Access to over the phone interpretation for officers, detectives and other department staff Ą Expected acquirement of audio/video all inclusive interpreter stations Slide 29: Salem Police Department Addressing Language Access (2) Ą Development of language access policies, procedures and protocols Ą Action and procedure memoŐs that support meaningful response Ą Collaboration with service providers, others Ą Community outreach Ą IMAGE of Salem Police Badge - The Witch City, Massachusetts, 1626; Witch flying on a broom stick Slide 30: Using Qualified Interpreters Ą Benefits Ą Safety Ą ID offender Ą Locate weapons Ą Admissible statements (excited utterances) Ą Harms Ą Mistaken ID of offender Ą Arrest of victim Ą Misinterpretation results in inaccurate statements Ą Trauma to children Slide 31: Bilingual Officer v. Interpreter IMAGE of police officer, standing with baton raised and interpreter - smiling, standing Ą Bilingual officers * When they are interpreting, they are not investigating o Biculturalism v. bilingualism * Different words have different meanings: * e.g.: Variations on the word ŇhighwayÓ depending on what state youŐre from. * Ň500 feetÓ many communities donŐt know what that distance looks like. Slide 32: Poll 5: Ą Once the emergency is over what are the next steps in the investigation where a qualified interpreter is required ? Slide 33: The Investigation Begins Ą Write a police report Ą Call detective Ą Call fire/rescue Ą Take initial statements Ą Call crime scene Ą Take a photograph Ą Formal interviews at the station Ą Develop probable cause Ą Prepare case for prosecution Slide 34: DOJ Language Access: Courts Responsibilities IMAGE of a court house room Slide 35: DOJ LEP Directive to State Courts on Federal Civil Rights Requirements (8/20/2010) - Interpreters Ą LEP individuals are to be provided qualified interpreters Ą For all parties, defendants and witnesses and all persons whose presence is necessary or appropriate * E.g. parents of minors and crime victims Ą In ALL court room proceedings whether civil, criminal, administrative or other. Ą LEP individuals should not incur any fees for these services. Slide 36: DOJ LEP Directive to State Courts on Federal Civil Rights Requirements (8/20/2010) Đ Interpreters (2) Ą LEP individuals are to be provided qualified interpreters * Not restricted to court rooms, also other court functions including: * Clerks offices, Records room * Alternative dispute resolution * All interactions with court appointed personnel such as guardians ad litem or court psychologists * Pro se clinics Slide 37: DOJ Guidelines on Language Access Ą The use of qualified interpreters: Ą Not limited to courtrooms Ą For all types of proceedings Ą For motions, status hearings and trials Ą At clerks offices, file rooms Ą For court ordered services batterers treatment, therapy, drug counseling Slide 38: DOJ LEP Directive to State Courts on Federal Civil Rights Requirements (8/20/2010) Ą Translation Requirements for Documents Ą Translated petitions, court orders, and materials explaining rights and obligations. Ą Post signs and public service announcements in foreign languages advertising free qualified interpreters. Ą Language cards to accurately identify individual language needs Ą All languages spoken by the lesser of 5% of population or 1000 individuals Ą When fewer than 50 persons = 5% written notice in that language of right to receive oral interpretation Slide 39: Tips for Working with Interpreters Ą Control the interview Ą Pre-session with the interpreter Ą Where are they located? Ą Establish what your rules are * Hand Signals Ą Interpreter has to interpret everything that you say Ą Example: when you are explaining confidentiality Slide 40: Red Flags Ą IMAGE of a right light Ą Can you understand the interpreter? Ą Does the LEP person look confused? Ą Does the interpreter appear confused? Ą Is the interpreter engaging in side conversations? Ą Is the interpreter summarizing? Ą Is there a change in the individualŐs demeanor? Ą Are they using English words? Slide 41: Limited English Proficiency: A Federal Interagency Website Ą LINK To L.E.P Website https://www.lep.gov/ Slide 42: Resources on Language Access Ą Contact Technical Assistance provider Asian and Pacific Institute on Gender-Based Violence: wlau@api-gbv.org Ą Tools, resources, tip sheets and links to webinars available through Ą Asian and Pacific Institute on Gender-Based Violence: https://www.api-gbv.org/culturally-specific-advocacy/language-access/ Ą NIWAP Ą Language Access Plan development and updating: Ą Asian and Pacific Institute on Gender-Based Violence: Asian Pacific Institute on Gender-Based Violence Slide 43: Resources for Law Enforcement on Language Access Ą LEP.gov Law Enforcement Language Access Planning tool: LEP.gov LE Language Access Planning tool Ą Battered WomenŐs Justice Project Language Access Compliance for Law Enforcement: Battered WomenŐs Justice Project Language Access Compliance for Law Enforcement Ą San Francisco Police Department Language Access Training Video: San Francisco Police Department Language Access Training video Slide 44: NIWAP: Resources for Law Enforcement Ą NIWAP provides direct TA from a peer expert Ą Onsite training on immigrant crime victim issues and language access Ą U Visa Law Enforcement and Prosecutor Toolkit Ą Language access tools for law enforcement Ą Sign up for the Law Enforcement Prosecution Roundtable: Sign up for the law enforcement prosecution roundtable Slide 45: Training for Law Enforcement in Your Community Ą Onsite training on immigrant crime victim issues and language access Ą Sign up to have us bring a free training to your jurisdiction! Slide 46: Virtual Roundtables for Law Enforcement and Prosecutors Ą Discussion on a various topic and strategies that will improve ways departments can build rapport, establish trust, and ensure safety Ą Interactive call with opportunity to ask questions about case challenges and strategies. Ą IMAGE of phone and roundtable with people sitting around the table. Slide 47: Thank You! IMAGE of Thank you talk bubbles in many languages: Thank you, Grazie, Mahalo, arigato, spasiba, gracias, danke, shukran, merci, thoinkes moite Slide 48: Contact Information Ą Wendy Lau, wlau@api-gbv.org Ą Leslye E. Orloff, orloff@wcl.american.edu Ą Michael LaRiviere, mikelariviere42@gmail.com