ARE CIVIL JURIES PREJUDICED AGAINST NON-ENGLISH SPEAKING PLAINTIFFS?
A recent study sponsored by Texas Tech University concludes that English-speaking Hispanics fare better in the courtroom than their non-English-speaking counterparts. In fact, a non-English-speaking Hispanic is 15% LESS likely than an English speaker to obtain a better jury trial verdict than the last settlement offer. This finding corresponds to a different study, published in the Social Sciences Quarterly , in which researchers found that Spanish-speaking Hispanics express less trust in juries than non-Hispanic whites and other English-speaking persons. The authors concluded that "faith in the jury as a more trustworthy decision-making body [than a judge] is weakest among those groups that have a history of discriminatory treatment in the legal system and who are less acculturated on other measures, such as language dominance."
The study noted that Hispanic individuals who do not speak English very well, or perhaps at all, must testify in Spanish which necessarily results in the use of a translator and perhaps some loss in communication with the jury. Consequently, "less than optimal communication between the plaintiff and the jury may result." Moreover, testifying in Spanish may subject the plaintiff to various biases, discrimination and prejudices. Such effects, the study notes, may be especially prevalent in group contexts, such as a jury of twelve individuals.
This study makes me question whether non-English-speaking plaintiffs are receiving the fair and impartial trial to which they are constitutionally entitled. This study raises important questions that policymakers, lawmakers and community leaders should consider and address. More importantly, a trial lawyer needs to take this into consideration when presenting evidence when representing a non-English speaking plaintiff.
Jeffrey J. Kroll has had a large amount of experience and success in representing non-English-speaking plaintiffs. He has had several settlements in excess of a million dollars in which the plaintiff did not speak English. He understands the issues involved and knows how to present the evidence in a favorable fashion. If you or a loved one have been injured in an accident, please contact The Law Offices of Jeffrey J. Kroll.
