{"title":"Lost in Translation: International Criminal Tribunals and the Legal Implications of Interpreted Testimony","authors":"Joshua Karton","doi":"10.2139/SSRN.1511946","DOIUrl":"https://doi.org/10.2139/SSRN.1511946","url":null,"abstract":"When courtroom interpreters translate a witness’s testimony, errors are not just possible, they are inherent to the process. Moreover, the occurrence of such errors is not merely a technical problem; errors can infringe on the rights of defendants or even lead to verdicts based on faulty findings of fact. International criminal proceedings, which are necessarily multilinguistic, are both particularly susceptible to interpretation errors and sensitive to questions of procedural fairness.This Article surveys the history and mechanics of courtroom interpretation, explains the inherent indeterminacy of translated language, and describes the other sources of inaccuracy in interpreted testimony. It then assesses the impact that errors in interpretation may have on fact finding by international criminal tribunals and on the rights of international criminal defendants. The Article concludes by suggesting some low-cost and easy-to-institute measures that will reduce the likelihood that a judgment will turn on an inaccurate interpretation. Improving the quality of translation will buttress the rightness of the international criminal tribunals’ judgments and the fairness of their procedures.","PeriodicalId":439669,"journal":{"name":"Vanderbilt Journal of Transnational Law","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115011392","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Workplace Violence and Security: Are there Lessons for Peacemaking?","authors":"Frances E. Zollers, Elletta Sangrey Callahan","doi":"10.2139/SSRN.373580","DOIUrl":"https://doi.org/10.2139/SSRN.373580","url":null,"abstract":"Workplace violence has captured the attention of commentators, employers, and the public at large. Although statistically the incidents of workplace homicide and assault are decreasing, public awareness of the problem has heightened, largely through media reports of violent incidents. Employers are exhorted to address the problem of workplace violence and are offered a variety of programs and processes to prevent its occurrence. Many techniques, however, conflict with values that are critical to achieving sustainable peace. We focus on types of workplace violence that are triggered by organizational factors. From among the plethora of recommendations, we identify those responses that are most and least consistent with positive peace. We find that processes that promote privacy, transparency, and employee rights hold the most promise for peacemaking. We submit that such structures and processes can be transportable beyond the workplace to promote peace locally, nationally, and globally.","PeriodicalId":439669,"journal":{"name":"Vanderbilt Journal of Transnational Law","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132055700","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}