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Subcommittee Snubs Multi-Language Miranda Bill

Del. Keam wanted officers to provide a Miranda warning to an arrestee in their native language, written or oral.

 

A bill that would have required police officers in Virginia to relay a Miranda warning to an arrestee in that person's native language failed to advance beyond a General Assembly subcommittee.

Del. Mark Keam presented House Bill 1048 last week to provide a Miranda warning to a person accused of a criminal offense in their native language, written or oral, if the arrestee did not understand English. Keam (D-35th District) said the subcommittee voted unanimously by voice to pass by indefinitely, meaning he cannot present the same bill again this legislative session.

“I can always introduce another bill,” Keam said Monday during a telephone interview. “But the members on the subcommittee will be the same next time.”

Keam said he wasn’t optimistic about the bill being successful. He said he knew there would be opposition. Some ethnic communities, including the Vietnamese community in Falls Church, were in support of the bill. Several Vietnamese people were arrested during a raid in August inside the Eden Center in Falls Church and one of the biggest complaints was some of the arrestees did not understand orders from police.

Binh Nguyen, president of the Vietnamese American Chamber of Commerce of Greater Washington, D.C., said the bill would have helped police and prosecutors build better cases because non-English speaking people would have been Mirandized properly.

Messages left for the grand lodge of the Fraternal Order of Police on the issue were not immediately returned Monday.

According to Mirandawarning.org, the warning is relayed by police to alleged suspects who are in custody before an officer can question someone in regards to a crime. The site said the United States Supreme Court mandated Miranda warnings in 1966.

Ever changing demographics are the biggest need to change Miranda warnings, Keam said. According to a 2007 U.S. Census Bureau report, more than 55 million people in the country spoke a language other than English at home. More than 950,000 of those people in the report lived in Virginia. Keam said Virginia is a state that doesn’t like change. He said Miranda warnings need to be revised to include multiple languages.

Police agencies in Arlington County, the Town of Vienna, City of Falls Church and Fairfax County currently have officers who can give Miranda warnings, if needed, in English and Spanish. The agencies can rely on speech lines or other officers to help translate other languages, if needed. In Fairfax County, the Language Skills Support Unit ensures that Spanish, Korean, and Vietnamese speaking officers are available to assist with translation and interpretation issues for serious crimes.

“We are a state that doesn’t like change,” Keam said. “We are a conservative state. They like things to stay the same.”

Nguyen believes having officers that either speak one of the many languages outside of Spanish spoken in Virginia would make it easier on everyone.

On Aug. 11, the Northern Virginia Regional Gang Task Force made several arrests and allegedly seized more than $1 million from an alleged gambling ring at the Eden Center. A City of Falls Church judge dropped several of the charges filed, acquitting the majority of the alleged suspects. None of the charges that stuck were associated with gambling, Nguyen said.

“A lot of times cases get thrown out because people haven’t been read their Miranda Rights,” Nguyen said. “We hope everyone gets treated fairly and we’re thinking of this for the police, too.”

  • Do you think police officers in Virginia should have to give Miranda warnings in multiple languages in written or oral form?

    (Voting has been closed for this question)
    • Yes
        23 (19%)
    • No
        97 (80%)
    Total votes: 120
  • This is not a scientific poll. View Results Vote!
Related Topics: Ethnic, Miranda rights, and state and local government

Sean Moran

7:43 am on Tuesday, January 31, 2012

This is America, if you can't understand your rights, don't commit a crime. This opens the flood gates to a loophole that can allow criminals to get off because they didn't know their rights. If they see it written, how do you know they can read.

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JustTheFacts

8:16 am on Tuesday, January 31, 2012

If you live in the United States, learn to speak the language. That makes it easier on everyone. It's our language and I suggest that everyone use it.

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Kim

9:27 am on Tuesday, January 31, 2012

Good thing this law didn't exist when our forefathers set up shop in Jamestown! Don't know if I could learn Algonquian!

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Mike

11:32 am on Tuesday, January 31, 2012

Good, making the police responsible for a miranda warning to an arrestee in that person's native language is a waste of their time, and is not their responsibility. Politically correct garbage. Del. Mark Keam should be flogged, or tarred and feathered for this.

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Pat Hynes

1:13 pm on Tuesday, January 31, 2012

Thanks to Delegate Keam for bringing this to our attention. I don't see how we can expect our police officers to fulfill their Constitutional obligation to inform people of their rights if we don't give them the communication tools they need. In this day and age, when we all have the world at our fingertips, it seems that it we could make Miranda warning language accessible to officers in the field in almost any language. I'm glad to hear that Fairfax County and the Town of Vienna are making an effort. I think we should do more.

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Kathy Keith

2:09 pm on Tuesday, January 31, 2012

A few years ago, schools in California were required to provide second language instruction in the child's native language. (I don't recall if it was all California schools or just one system.) Problems occurred when students arrived who spoke obscure languages. The system had difficulty finding instructors who could speak the language.
The "unintended consequences" of a bill like this could be quite expensive and lead to guilty people getting off because of the bill. My knowledge of Miranda is limited to television shows and newspapers, but it seems to me that this would put additional stress on officers rather than helping them. As far as the people at Eden Center are concerned, I would think that enough of them spoke English well enough to understand what the police intended.
I think that, instead of requiring police to address them in their own language, that the government would be better off providing English instruction. We have too many different languages in Fairfax to accomodate everyone.

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Mike

4:01 pm on Tuesday, January 31, 2012

California's financial situation is a result of intentions having those "unintended consequences." :)

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Amelie Krikorian

5:53 pm on Tuesday, January 31, 2012

Exactly -- do you know how hard it is to find translators in the schools for some of these languages? We should not bend over backwards to make it easy for people to not learn English or they never will, which has a huge impact on their earning ability and their children's future.

Just the Facts

9:21 pm on Tuesday, January 31, 2012

Sean Moron-

Did you not read the article? Such a "loophole" ALREADY exists! If a suspect is not advised of his Miranda rights in a manner that he understands, any statements made during an in-custody interrogation will be excluded at trial. This bill would have "closed" such a "loophole."

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Jerome

2:19 am on Wednesday, February 15, 2012

Police could carry an iphone with clearly spoken versions of the Miranda rights statements in a dozen languages. By pressing a few keys the message could be delivered.

Amelie Krikorian

7:02 am on Wednesday, February 1, 2012

Close the loophole by requiring people to bring in a translator on their own dime; don't force taxpayers to pay for it!

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Layna Cook

9:26 am on Wednesday, February 1, 2012

There are phone translation services that will get on a 3-way call and interpret English to almost any language under the sun for about $2/minute, with native speakers. All you have to do is set up the contract with one of these companies, you pay only for what you use, and it is available 24x7. My company's service desks use this and it works just fine. No need to hire a bunch of people who speak multiple languages, who might be needed at odd times of the day/night.

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Jerome

2:21 am on Wednesday, February 15, 2012

Kaiser Permanente has such a service for its physicians and nurse practitioners. The same kind of service could be used to assist the police in talking with criminal suspects.

Jerome

2:17 am on Wednesday, February 15, 2012

With smartphone technology, it would be possible to have the Miranda rights played back in many languages. I suspect that a half dozen languages besides English would cover most of the people in Arlington County. Having those arrested understand their rights is crucial to being able to have an effective prosecution.

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