Lost in Translation: The Risks of Interpreting in Suspect Interrogation and Witness Interviewing Procedures

Abstract

Suspect and witness statements are crucial in criminal cases; thus, particular attention is paid to their reliability and credibility. Statements are usually obtained through suspect interrogation and eyewitness interviewing, involving direct communication between investigators and witnesses or suspects. When the suspect or witness does not speak the language in which the interrogation or interview is conducted, the conversation depends on the interpreter’s engagement. An inaccurate interpretation can increase the risk that the suspect or witness statement may be misunderstood, which directly impacts the reliability and credibility of the evidence obtained. Furthermore, an interpreter can alter conversation dynamics and the relationship between the investigator and suspect or witness. With the growing need for interpreters to engage in the process of obtaining statements from suspects or witnesses, recent research aims to understand the associated risks. This paper reviews key findings from previous research, focusing on the investigative and psychological aspects of questioning suspects and interviewing witnesses through interpreters. The findings were analysed using the Principles of Effective Interviewing ("Méndez Principles"). Additionally, the paper poses questions for future scientific research and presents recommendations for the engagement of interpreters in criminal investigations.