Path: utzoo!utgpu!news-server.csri.toronto.edu!cs.utexas.edu!wuarchive!zaphod.mps.ohio-state.edu!unix.cis.pitt.edu!gvlf3.gvl.unisys.com!tredysvr!cellar!rogue From: rogue@cellar.UUCP (Rache McGregor) Newsgroups: comp.org.eff.talk Subject: Re: Fate of the FOIA Message-ID: Date: 2 Jun 91 15:23:34 GMT References: Sender: bbs@cellar.UUCP (The Cellar BBS) Organization: The Cellar BBS and public access system Lines: 37 max@cellar.UUCP (Maxwell Smart) writes: > rogue@cellar.UUCP (Rache McGregor) writes: > > > The purpose of having jurors who are capable of understanding the testimony > > in its original form is to have someone who can independently corroborate o > > challenge the official translator, and who is obligated to do so. The > > probable "solution" that will arise when bilingual jurors are barred will b > > for the prosecution and defense to each have separate translators, who woul > > constantly object to the "gloss" each is giving to the defendant's testimon > > Rache, I think that the reason they do this is to avoid a prejudical > situation. Immagine the following: A is on trial, B is a spanish-only > speaking witness against him, C is a spanish-speaking juror prejudiced in > FAVOR of the defendant. There are no other spanish-speaking jurors. Okay, more information on the case: I thought I mentioned above that there were TWO jurors excluded because they were bilingual. This is somewhat inconsequential, but the odds are lower that BOTH of them could be biased in the defendant's favor. Dionisio Hernandez was convicted of killing his girlfriend, who was also Hispanic. Part of the prosecution's argument before the Supreme Court was that they would have had no objection to Hispanic jurors if they spoke only English. This was believed by the Court as proof that no ethnic discrimination was intended, but that the exclusions were based on the jurors' ability to speak and interpret Spanish. One thing that I wish the Inquirer article had gone into was whether any of the non-Latine jurors selected had any ability to speak Spanish or whether they were asked whether they were bilingual. Rogue Winter | "The truth knocks on the door and you say, rogue@cellar.uucp | "Go away, I'm looking for the truth," and so uunet!cellar!rogue | it goes away. Puzzling." Cellar 215/3369503 | -Robert Pirsig (quoted in Zen_To_Go, Jon Winokur)