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2.6 Transcript of Recording in Foreign Language

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2.6 TRANSCRIPT OF RECORDING IN FOREIGN LANGUAGE

You [are about to listen] [have listened] to a tape recording in [language used]. Each of you [has been] [was] given a transcript of the recording that has been admitted into evidence. The transcript is a translation of the foreign language tape recording.

Although some of you may know [language used], it is important that all jurors consider the same evidence. The transcript is the evidence, not the foreign language spoken in the tape recording. Therefore, you must accept the interpreter’s translation contained in the transcript and disregard any different meaning.

Comment

This instruction is appropriate immediately prior to the jury hearing a tape-recorded conversation in a foreign language if the accuracy of the translation is not in issue. See, e.g., United States v. Rrapi, 175 F.3d 742, 746 (9th Cir.1999); United States v. Franco, 136 F.3d 622, 626 (9th Cir.1998); United States v. Fuentes–Montijo, 68 F.3d 352, 35556 (9th Cir.1995).

See also Instruction 1.16 (Jury to Be Guided by Official English Language Translation/Interpretation), 2.5 (Transcript of Tape Recording), and 2.7 (Foreign Language Testimony).