In the Ethics chapter, I was asked to tell what I would do in this situation:
The prosecuting attorney demonstrates that the witness is lying because, in her testimony, she states that a specific event took place at a graduation ball. Later on, during the same testimony, she uses the term “graduation ceremony” instead of “ball”. “The event took place either on one day or another. Take your pick, Madam,” the attorney insists. The witness is confused. You are the only person in the courtroom who is aware that in the witness’s country of origin the ball and the ceremony take place simultaneously.
And my answer was:
So many times I read in the Code of Ethics that the interpreter should just interpret and let the judge or attorneys clarify those kinds of situations. But could the interpreter say “The interpreter would like to clarify the witness testimony by giving a cultural clarification. Would the judge allow this clarification?”. But this would be the open door to systematic violations of the Code of Ethics… I probably won’t say anything, as hard as it would be.
But Irina, the language-specific instructor, got another answer:
It depends on a situation. Sometimes, we could say, “Your honor, there is an interpretation issue. Would you allow to clarify?” If the permission is granted, precede, “The terms “graduation ball” and “graduation ceremony” are commonly used interchangeably in Russia (France, etc.) since basically they are two parts of the same event and are held on the same day.” Don’t emphasize the cultural aspect; see if you can present it as a linguistic, semantic issue. And, as experts on languages, we are perfectly eligible to make such comments. Yes, attorney are supposed to be aware of the cultural discrepancies, but often they don't bother.
What do you think? Did this kind of situation happened to you in the past? what did you do or what would you do?