No Hablamos Habeas: How Incarcerated Immigrant Inmates Struggle with Ineffective Assistance of Counsel Language Access Claims
56 Santa Clara L. Rev. 703 (2016)
Loyola University New Orleans College of Law Research Paper No. 2016-09
17 Pages Posted: 8 Dec 2016
Date Written: October 15, 2016
Abstract
This article examines the constitutional requirements of a fair and impartial criminal justice system that are impacted when a defendant does not speak English and is provided neither with an attorney who speaks their native language nor effective translation and interpretation services. It examines the Strickland v. Washington test for ineffective assistance of counsel claims and discusses language access habeas cases to demonstrate the inadequate state of language access in the legal system. The article concludes by reiterating the importance of safeguards for clients who speak foreign languages inside and outside the courtroom and provides some recommendations to assist in implementing necessary safeguards.
Keywords: access to justice, criminal procedure, translation, interpretation
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