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DEPARTMENT OF LANGUAGES APPLIED LINGUISTICS PROGRAM. E S P E. AUTHOR: Patricio Rodrigo Villota Miño ADVISORS: DIRECTOR: Dr. Ma. Teresa Llumiquinga P. CODIRECTOR: Dr. Oswaldo Villa May 2012 Quito–Ecuador. RESEARCH DISSERTATION. THEME:
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DEPARTMENT OF LANGUAGES APPLIED LINGUISTICS PROGRAM E S P E
AUTHOR:Patricio Rodrigo Villota MiñoADVISORS: DIRECTOR: Dr. Ma. Teresa Llumiquinga P. CODIRECTOR: Dr. Oswaldo VillaMay 2012Quito–Ecuador
RESEARCH DISSERTATION THEME: “THE RELATIONSHIP BETWEEN THE TRANSLATOR´S PROFESSIONAL ROLE AND THE JUDGES´ FINAL VERDICTS AT CRIMINAL COURTS IN QUITO, JUNE 2003 – FEBRUARY 2009”.
LEGAL FOUNDATION • Ecuadorian Constitution • Organic Code of the Judicial Function • Proposal
INTRODUCTION • Goal: Totake a depeer look intoEcuadorianJustice • Focuson: EthicalFormation
RESEARCH PROBLEM Problem Rule violated Judge Translation Expert
PROBLEM FORMULATION Main problem • Verdicts in criminal processes are not followed through. • Trials are not held on time.
Secondary Problems • Ignored foreign control bodies of justice. • Lack of evidences • Aspirations are stronger than ethics • Faulty chain of custody.
VARIABLES MATRIX • Independent variable The role of the translator expert. • Dependent variable The judge´s Final Verdict. • The professional role of the translator expert and the Judges Final Verdicts at the Criminal Courts of Quito in some cyclical cases chosen at random during 2003 and 2009.
OBJECTIVES GENERAL OBJECTIVES • To provide reliable translations so magistrates get a correct idea before sentencing; • To weight validity of information for final pronunciation; • To discuss electronic documentation in front of testimonies.
OBJECTIVES SPECIFIC OBJECTIVES • To make the case known to the translator from the very beginning; • To include translator´s presence at preliminary hearings; • To share process of selecting participation; • To translate data on real time; • To use actual technology; • To work as a team.
JUSTIFICATION • Open communications worldwide through translations for the judge to discover tendencies of innocence or responsibility.
STRUCTURE INDEPENDENT VARIABLE DEPENDANT VARIABLE TRANSLATOR´S ROLE JUDGES´VERDICTS Translating Approaches Unbiased verdicts Language Interpretation Everybody´s innocence until proven the contrary. RELATION BETWEEN INDEPENDENT AND DEPENDENT VARIABLES
Legal Translation THEORICAL FRAMEWORK Structure Research Problem Concepts Passive translating • Translatin • Fluency • Grice Cooperative principles. Active translating Hypothesis System
Translation Process District Attorney´s Office Documents Source Trial Attorneys at Court Date Documents Delivery Literal Form Contents Extracted one Conclusion
CHAPTER IVANALYSIS AND INTERPRETATION • Judging evidence
Reliability of Measurement So, the alpha value at 005 for the 95% of confidence with 4 degrees of freedom lies at the amount of 13.68 at the chi square table, result which is much more inferior to the known chi square total value of 37.60, therefore the null hypothesis is rejected and the working hypothesis accepted with the 95% of confidence being sure that both translation types were related at the period of investigation in the Criminal Courts of Quito.
Tutoring Survey • Do you introduce your tutoring? • Do you explain the values of polite requests? • Do you establish attention signals for controlling groups? • Do you simplify questions according to difficulty levels? • Do you accept, reject, or correct student responses? • Do you repeat and rephrase questions and answers? • Do you simplify instructions both orally and written? • Do you refuse or give permissions when asked? • Do you monitor the levels of pupils understanding? • Could you give an example of warning or other advice? • Do you explain cause and effect? • Do you state intentions, make suggestions, express degrees of probability and speculate future happenings?