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2.8 Foreign Language Testimony

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2.8 FOREIGN LANGUAGE TESTIMONY

 

You [are about to hear] [have heard] testimony of a witness who [will be testifying] [testified] in the [specify the foreign language] language. Witnesses who do not speak English or are more proficient in another language testify through an official court interpreter. 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 interpreter’s translation of the witness’s testimony. You must disregard any different meaning.

You must not make any assumptions about a witness or a party based solely on the use of an interpreter to assist that witness or party.

 

Comment

As to the use of interpreters, see generally 28 U.S.C. § 1827.

See United States v. Franco, 136 F.3d 622, 626 (9th Cir.1998) (holding that district court properly instructed jury that it must accept translation of foreign language tape-recording when accuracy of translation is not in issue); United States v. Rrapi, 175 F.3d 742, 746 (9th Cir.1999); United States v. Fuentes–Montijo, 68 F.3d 352, 355-56 (9th Cir.1995); Jury Instructions Committee of the Ninth Circuit, A Manual on Jury Trial Procedures § 3.11.B (2013).

See also Instructions 2.5 (Transcript of Recording in English), 2.6 (Transcript of Recording in Foreign Language) and 2.7 (Disputed Transcript of Recording in Foreign Language).