Interpreter mediation as other-initiated self-repair in court: Effects on the defence in Chinese bilingual criminal trials

Abstract

This study examines the linguistic phenomenon of other-initiated self-repairs (OISRs) in the specific context of Chinese inquisitorial criminal courts. These OISRs are prompted by interpreters and implemented by non-native English-speaking African defendants, adversely affecting the defendants’ defence strategies. Transcriptions of five interpreter-mediated trials are analysed to understand the dynamics at play in court settings. Quantitative analysis of turn distribution data and subsequent qualitative conversation analysis reveal that linguistically vulnerable defendants are relegated to a constrained discursive space with limited support from their lawyers in Chinese bilingual courts. In these settings, frequent interpreter-initiated repairs hinder defendants disproportionately, undermining their ability to establish credibility, present new evidence, argue for exoneration or use sympathy cues for leniency. Placing these findings in the context of Chinese court power dynamics, we argue that the pervasive interpreter-initiated OISRs in Chinese courtrooms should be considered a shared responsibility rooted in the court’s language ideology and its legal beliefs and culture, which, at present, systemically marginalise defendants’ right to a fair trial.