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[81WashLRev0473] Recordings, Transcripts, and Translations as Evidence

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dc.contributor.author Fishman, Clifford
dc.date.accessioned 2010-03-02T18:39:28Z
dc.date.available 2010-03-02T18:39:28Z
dc.date.issued 2006-08
dc.identifier.citation 81 Wash. L. Rev. 473 (2006) en_US
dc.identifier.issn 0043-0617
dc.identifier.uri http://hdl.handle.net/1773.1/272
dc.description.abstract Clifford S. Fishman, Professor of Law, The Columbus School of Law, The Catholic University of America. B.A. University of Rochester, 1966; J.D. Columbia Law School, 1969. Abstract: Secretly recorded conversations often play a vital role in criminal trials. However, circumstances such as background noise, accidents, regional or national idioms, jargon, or code may make it difficult for a jury to hear or understand what was said—even if all participants were speaking English. Thus, a recording’s value as evidence will often depend on whether an accurate transcript may be distributed to the jury. This Article discusses several legal issues, including: Who should prepare a transcript? What should it contain? How should its accuracy be determined, and by whom? Should the transcript be considered evidence, or only an “aid to understanding” the recording? Should expert testimony be admitted to interpret jargon and codes? When the conversation was in another language, additional issues arise: Who should translate the conversation into English? What methodology should the translator use? How should a court determine the accuracy of the translation? How should the conversation be presented to the jury? How can the adverse party challenge the accuracy of the translation before and during the trial? By blending existing case law, general evidentiary principles, common sense and his own experience as a prosecutor, the author offers answers to each of these questions. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Washington Law Review, University of Washington School of Law en_US
dc.subject Article en_US
dc.title [81WashLRev0473] Recordings, Transcripts, and Translations as Evidence en_US
dc.type Article en_US
dc.rights.holder Copyright 2006 by Washington Law Review Association. en_US

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