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3.19 Jury To Be Guided By Official English Translation/Interpretation

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3.19 JURY TO BE GUIDED BY OFFICIAL ENGLISH TRANSLATION/INTERPRETATION

The [specify the foreign language] language has been used during this trial.

The evidence you are to consider is only that provided through the official court [interpreters] [translators]. Although some of you may know the [specify the foreign language] language, it is important that all jurors consider the same evidence. Therefore, you must accept the evidence presented in the English [interpretation] [translation] and disregard any different meaning.

Comment

When there is no dispute as to the accuracy of the translation of evidence in a foreign language, the jury may be instructed that "it is not free to disagree with a translated transcript of a tape recording." United States v. Franco, 136 F.3d 622, 626 (9th Cir.1998) (to hold otherwise would be "nonsensical"). See also United States v. Fuentes-Montijo, 68 F.3d 352, 355-56 (9th Cir.1995). When the accuracy of a foreign language translation is disputed, see United States v. Rrapi, 175 F.3d 742, 748 (9th Cir.1999).