Immigrant Issues

Language

Whether a person is a victim, a witness or person accused of a crime, the ability to understand what is going on in court and make sure one is understood is fundamental to fairness in the judicial system. Lloyd believes that it is important for the court to have adequate professional interpreters so that everyone can communicate effectively in the courtroom. Not only must a person not fluent in English have the use of an interpreter when participating in a courtroom, but attorneys need to have adequate time to interview non-English speakers with a professional interpreter before an individual is before the court in order to fully understand their stories. Too often, a non-native speaker is embarrassed because a prosecutor or lawyer did not have adequate time with an interpreter before a court hearing to explain court procedures and to make sure he had a complete understanding of the immigrant’s story. This frequently creates a confusing presentation in the courtroom and can lead to serious misunderstandings.  Lloyd believes in pushing for the courts to provide adequate numbers of professional interpreters, and he has the patience to understand that the parties will frequently need extra time to prepare cases involving witnesses not fluent in English.

Too often Lloyd has seen people who demonstrate a basic ability in English pressured to attempt to engage in complicated discussions with judges and attorneys because a judge doesn’t want to wait for an interpreter. This is especially true when a language is one other that Spanish where arrangements for an interpreter for the language needs to be scheduled in advance. Lloyd believes that, when necessary, cases should be continued to ensure key participants are able to communicate effectively.

Lloyd is also sensitive to the fact that not all people from Latin America speak Spanish fluently, but instead actually speak an indigenous language. Similarly, with regards to other languages, a person may need an interpreter who is fluent in his particular dialect. For example, an Arabic speaker from Morrocco may not necessarily be able to understand the Arabic of an interpreter from Jordan. When these problems arise, Lloyd believes a judge must be patient and be willing to continue a hearing should the need for a special interpreter arise unexpectedly.

Lloyd has seen miscarriages of justice occur when statements made out of court that have been translated by well-meaning police officers or lay witnesses contain crucial errors.  Lloyd believes that both the prosecution and defense have the right to assistance from the court in obtaining accurate translations of statements from professional interpreters when a lay interpretation is disputed.

Immigration Issues

The Superior Court creates additional perils for immigrants who are accused of crimes. Depending on a person’s status even common crimes that may not strike a person as particularly serious can have serious consequences for an immigrant. Lloyd believes that an immigrant should have adequate time to get advice from an immigration lawyer before deciding to accept a plea bargain. Lloyd would discourage prosecutors from making immigrants offers that are available on a “today only” basis that prevents their lawyers from obtaining advice as to the immigration consequences of the proposed deal.

Additionally, Lloyd believes that the desire of an immigrant to obtain a result on a case that does not adversely affect his immigration status creates an additional incentive for an immigrant to complete probation or a grant of diversion successfully. Lloyd believes this additional motivation to perform is a legitimate factor the parties should consider when deciding whether or not the court or the prosecution should consider leniency. When the parties seek help from the court in settling cases, Lloyd would attempt to encourage creative dispositions that allow for an immigrant defendant to take responsibility for his misconduct and address any issues necessary for his rehabilitation without unnecessarily jeopardizing his immigration.

Cultural Sensitivity

Lloyd believes that the law must apply equally to everyone regardless of his national origin. However, in determining the amount of punishment a violation merits, a judge should consider the norms and culture in which the accused was raised. In cases in which the primary interest of the system is attempting to rehabilitate a person, sometimes just forcing an immigrant to go through the court process such that he is  informed of the standard of conduct the law dictates may be sufficient. In other cases, requirements that a person participate in counseling or educational programing may be more useful than incarceration.