No Hablamos Habeas: How Incarcerated Immigrant Inmates Struggle with Ineffective Assistance of Counsel Language Access Claims

17 Pages Posted: 8 Dec 2016

See all articles by María Mercedes Pabón

María Mercedes Pabón

Loyola University New Orleans College of Law

Jessica Salafia

Independent

Date Written: October 15, 2016

Abstract

This article examines the constitutional requirements of a fair and impartial criminal justice system that are impacted when a defendant does not speak English and is provided neither with an attorney who speaks their native language nor effective translation and interpretation services. It examines the Strickland v. Washington test for ineffective assistance of counsel claims and discusses language access habeas cases to demonstrate the inadequate state of language access in the legal system. The article concludes by reiterating the importance of safeguards for clients who speak foreign languages inside and outside the courtroom and provides some recommendations to assist in implementing necessary safeguards.

Keywords: access to justice, criminal procedure, translation, interpretation

Suggested Citation

Pabón, María Mercedes and Salafia, Jessica, No Hablamos Habeas: How Incarcerated Immigrant Inmates Struggle with Ineffective Assistance of Counsel Language Access Claims (October 15, 2016). 56 Santa Clara L. Rev. 703 (2016), Loyola University New Orleans College of Law Research Paper No. 2016-09, Available at SSRN: https://ssrn.com/abstract=2882221

María Mercedes Pabón (Contact Author)

Loyola University New Orleans College of Law ( email )

7214 St Charles Avenue
New Orleans, LA 70118
United States

Jessica Salafia

Independent ( email )

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