November 2012

November 2012 Newsletter

In this number

Phrase and Grammar Practice
How to Read the Code
Glossary from Latest Meeting
Police Gear
Memory: Tips to Keep it Strong
Hats
History of the LAPD
This Month's Favorite Link

Thank you for coming! Richard and Catalina were at the Brew-Haha and we were able to practice phrases, discuss Title 11, and talk about other important issues. We continue getting together on the third Wednesday of every month, so if you're in the city of Wilmington, please feel free to join us!

We talked about how sometimes simple phrases are hard to remember after interpreting legal vocabulary all day. It is also important to remember using not only the right words, but also the right grammar. I had to interpret these Spanish phrases and they made me think about the importance of context and meaning. Below are some or the phrases we discussed at the meeting:

1. Me fui a escondidas (secretly; without telling anyone)

2.    Quiero que mi hija esté tranquila (security)

3.    Nunca nos faltó nada (all needs met)

4.    Mi madre puede estar bien tranquila que nunca le va a faltar nada

5.    Siempre estuvo presente como padre (may not mean physical presence)

6.    De repente levanté la vista y estaba allí parada (may be a stopped car or a person standing!)

7.    Me lo llevé por delante (run over is too strong; bump into is too light)

8. El ultimo orejón del tarro (last one chosen)

9.    My shoes are too tight (me aprietan)

10. You won’t get another bite of the apple

11. Misconduct

          Title 11, Chapter 5, Sub-chapter III
                               Glossary

Arson- incendio intencional

Reckless Burning- incendio por negligencia temeraria

Criminal Mischief- daño de propiedad o bienes

Tresspassing with intent to peer or peep- entrada no autorizada [a propiedad privada] con el propósito de atisbar lascivamente

Criminal Trespass- entrada no autorizada

Burglary- violación de propiedad/ v. de domicilio

Home Invasion- invasión de domicilio/violación de domicilio con propósito de cometer crimen o crímenes violentos

Possession of burglar’s tools or instruments facilitating theft- tenencia de herramientas para penetrar propiedad privada o de elementos para cometer fraude

Robbery- robo/asalto

Carjacking- asalto de vehículo automotor

Shoplifting- hurto en tienda/llevarse mercadería sin pagar/ratería

Use of illegimate retail sales receipt or Universal Product Code Label- uso fraudulento de recibo o etiqueta codificada

Restitution- resarcimiento/indemnizacion

Theft of a motor vehicle- hurto de vehiculo automotor

Theft: Organized retail crime- hurto organizado en tienda [al por menor/minorista]

Possession or theft of a prescription form or a pad- posesion/hurto de receta o talonario de recetas medicas (en blanco)

Theft; lost or mislaid property; mistaken delivery- hurto de mercancia olvidada/abandonada; recibida por error/ entrega a destinatario equivocado

Memory: Ways to Keep it Strong

Many say that memory is a like muscle and that it needs to be exercised. That is absolutely true. Muscles get tired though, and sometimes we need to rest and give ourselves a break. Here are some tips that may help us remember and recall things better.

1. Get at least 8 hours of sleep every night. Close to bedtime take a warm bath, have a cup of calming herbal tea, meditate, read, or do anything that you know makes you sleepy. Avoid having late dinners, and try to reduce caffeine intake after lunch-hours.

2. Practice deduction and problem-solving skills with detective games, math and algebra exercises, or online brain training such as luminosity, etc.

3. Have fun and once in a while give yourself time to decompress and enjoy simple pleasure free from stress. Meet with friends, practice your favorite sport, take a day-trip to an extraordinary place. Spend time with your family.

4. Eat fruits and vegetables. If you want to remove items from your diet that you think are harmful, that's great. Still, add whole grains, fruits and veggies, and healthy snacks.

5. Get things off your chest... and out of your head. Practice meditation, write an article at the end of a tough day (even if nobody will read it), keep a journal, talk to a close colleague about things that stress or aggravate you, and go to meetings where professionals in your area may be having the same problems.

6. When working, use memory techniques such as visual imaging, chunking, rhyming, acronyms, or the loci method.

7. Rest the day before a big test or assignment. Relate new material to things you already know. Research new material in advance and pay visits to places that may intimidate you.

8. Do something creative. If you dance, sing, play a musical instrument, enjoy taking pictures or making videos, program time during the month to actually do it!

9. Be kind to yourself. We all make mistakes. Mistakes teach us what we need to change.

10. Surround yourself of good people.

                 First: How to Read The Code

At out meeting we translated the names and descriptions of the offenses included in this section. The glossary is included below. We decided to consult with the courthouse librarian to understand the numbers, names, and symbols included in the code.
First, the librarian pointed out the distinction between The Laws of Delaware and the Delaware Code. The Laws of Delaware are a compilation of the official acts of each session of the Delaware General Assembly. They are presented in multiple volumes and include annotations. The Delaware Code is what we were reading. There are 31 titles in the Delaware Code.

                                            TITLE 11
          Crimes and Criminal Procedure Delaware Criminal Code
                            CHAPTER 5. SPECIFIC OFFENSES
                    Subchapter III. Offenses Involving Property

§ 801....
§ 802. Arson in the second degree; affirmative defense; class D felony.

(a) A person is guilty of arson in the second degree when the person intentionally damages a building by starting a fire or causing an explosion.

(b) In any prosecution under this section it is an affirmative defense that:

(1) No person other than the accused had a possessory or proprietary interest in the building, or if other persons had such interests, all of them consented to the accused's conduct; and

(2) The accused's sole intent was to destroy or damage the building for a lawful purpose; and

(3) The accused had no reasonable ground to believe that the conduct might endanger the life or safety of another person or damage another building.

This entire paragraph above should be referred to as
Title 11, Chapter 5, Sub-chapter 3, Sub-part A, Section 802-b-3 (§ means section, not sub-section)
Read anything after the section as a letter, or letter and number if present.

The above is usually displayed on court papers as:
11 Del. Laws, c.5 § 802 b-3

If you were to search for section 801 of the Delaware Code you would arrive at this same paragraph. Sections have unique numbering.

The State Codes of Spanish-speaking countries are written in a completely different way. For example, in Argentina, Provincia de Buenos Aires, Ley 7425 is the CÓDIGO PROCESAL CIVIL Y COMERCIAL DE LA PROVINCIA DE BUENOS AIRES, Libro 1, etc.
In LEY 7425, Articulos have unique, consecutve numbering like the Sections in our Delaware Code. This is a complicated issue for me because in my interpreting and translating, I make it a mission to enable people to look things up based on the terms I chose. That's why I leave all agency names in their original language.

I once encountered a foreign professor of law that told me she had many times seen translations where the terms used made no sense in her country.

After taking into account my pet peeve, this brief research, and the wise words of the professor, for Title 11, Section 802 Delaware Code, I would now probably say: Articulo 802 de la ley 11 del Codigo de Delaware. For 11 Del. Laws, c.5 § 802, I would translate it almost literally:
11 Delaware Code, capitulo 5, seccion 802. (I purposely left the word Code in English)

I will try this. Try it yourself and see what works for you, then let me know at our December meeting!

Burglary

Burglary Third Degree: A person is guilty of burglary in the third degree when the person knowingly enters or remains unlawfully in a building with intent to commit a crime therein.- (Violación de propiedad)

Burglary Second Degree: A person is guilty of burglary in the second degree when the person knowingly enters or remains unlawfully: (1) In a dwelling with intent to commit a crime therein; or
(2) In a building and when, in effecting entry or while in the building or in immediate flight therefrom, the person or another participant in the crime:
a. Is armed with explosives or a deadly weapon; or
b. Causes physical injury to any person who is not a participant in the crime.- (Violación de domicilio)

Burglary First Degree: A person is guilty of burglary in the first degree when the person knowingly enters or remains unlawfully in a dwelling at night with intent to commit a crime therein, and when, in effecting entry or when in the dwelling or in immediate flight therefrom, the person or another participant in the crime:
(1) Is armed with explosives or a deadly weapon; or
(2) Causes physical injury to any person who is not a participant in the crime.- (violación nocturna de domicilio)

All degrees of Burglary are felonies (different categories)

Warning

Avoid using the term ALLANAMIENTO for Burglary since ALLANAMIENTO is a judicial procedure executed by officers of the court or police.

When interpreting misdemeanor avoid using the Spanish term DELITO MENOR since it does mean the same thing. DELITO MENOR implies something minor such as an infraction or a code-violation. Use DELITO MENOS GRAVE or simply DELITO. For infractions or code-violations use FALTA.

Some warning signs are better left untranslated:

>

Police Uniform and Gear

Bullet proof vest- chaleco anti balas

Baton- fusta/porra/ tonfa

Taser- pistol electrica

Firearm- pistola

Ammunicion- municiones

Weapon- arma

Magazine- magazín

Badge- placa

Name tag- broche identificatorio

Driver’s licence- licencia de conducir

Mace/ pepper spray - aerosol lacrimógeno

OC spray (oleoresin capsicum)- oleorresina de capsicum

Radio- radio

Cellular telephone /cellphone- teléfono móvil/celular

Boots- botas

Handcuffs- esposas

Uniform- uniforme

Hat- sombrero

Baseball-type Cap- gorra tipo beisbol

8-Point Hat- Gorra octagonal

Handcuff holder- porta esposas

Flashlight- linterna

Gloves- guantes

Knife- cuchillo

Barrier tape- cinta de seguridad

Whistle- silbato

Spikes (to deflate tires)- clavos

Helmet – casco

Scope- mira telescópica

Shirt- Camisa

Tie- corbata

Trousers/pants- pantalones

T-Shirt/undershirt- camiseta

Socks- medias

Shoes- zapatos

Pullover polo shirts- camiseta polo

Hoodie- buzo/sudadera con capucha

Jacket- chaqueta/campera

8-Point hat

In court we hear the bailiff ask people to remove their hats before entering. Here is a document containing most types of hats people wear in different parts of the world. Click here to view!

Click on the picture to read the History of the LAPD.

This Month's Favorite Link

Online Speech Bank: Useful for Practicing Simultaneous Interpreting

(Next to each title you will see one or more letters. These letters stand for the format of each speech. T stands for text, V stands for video, and A stands for audio.)