Student Name: Date: Student E-Mail Address: Student Phone Number: ( ) - ONLINE PROGRAM Interpreting in Criminal Proceedings I Midterm Exam YOU HAVE 3 HOURS TO COMPLETE THIS EXAM THIS EXAM MUST BE SUBMITTED BEFORE WATCHING LECTURE 6 READ THE FOLLOWING INSTRUCTIONS BEFORE TAKING THIS EXAM: If you have a hand or wrist limitation that prevents you from completing this exam in writing, you may submit this exam on an standard size audio cassette. Please do NOT use a mini-cassette or microcassette. This exam must be submited in a word or pdf. document. No Exceptions. Please e-mail the attachment to the Student Services Department at monica@interpreting.com If you would like to complete this exam in writing using a pen or pencil please use 8 1/2 x 11 white college ruled paper with a clean border (no fringe). Any other size paper or color paper will not be accepted. If you complete this exam using an audio cassette or if your complete this exam using a pen or pencil, please mail the exam or audio cassette to the following address: ONLINE DEPARTMENT Attn: Student Services 10012 Norwalk Blvd, Suite 120 Santa Fe Springs, CA 90670 Once this department has received your exam, it will take approximately 10-12 business days to return the corrected exam to your attention in electronic format via e-mail.
I. Translate into the Opposite Language Question # 1 100 points This is the case of The People versus Pedro Romero. Is Pedro Romero your true and correct name? Sí. Mr. Romero, you are charged in complaint number SE93828 with one Count. Count I charges you that on or about May 12, 2008, you violated Section 273.5 of the Criminal Code, known as a domestic violence, a misdemeanor. Mr. Romero, how do you plead to this charge? No culpable. Bail is set in the amount of $35,000. Pre-trial hearing is set for May 2, 2008, at 8 a.m. in this Department. Question # 2 300 points Mr. Pereira, the Prosecutor has conveyed an offer in your case. He is offering 6 months in County Jail and a $350 fine. He also wants you to be on probation for 36 months under the following terms and conditions. Pay the $350 restitution fine, attend an eighteen month drug program, come to court every six months for a progress report, come to court when the judge orders you to do so, and obey all laws. Mr. Pereira, probation means that if you do not fulfill any of the terms and conditions of your probation, you will be brought back to this courtroom and the judge can give you a jail sentence of up to six months. So, it is important that you do everything the judge tells you and that you do not pick up any other criminal case. Do you understand what I just told you? Defendant: Sí.
Do you want to take this offer? Defendant: Usted qué piensa? I cannot make that decision for you, sir. However, let me tell you that we have a good case and if we go to trial we have a good chance of winning this matter. However, there are no guarantees. Defendant: Pero... tendré que estar en la cárcel hasta que empiece el juicio? Yes. Unless you post bail. However, you already told me that you do not have anyone here who could post the $75,000 bail for you. So, that means you will be in jail until the end of this case. Defendant: Pero... si pierdo el juicio... me darán crédito por los días que estoy en la cárcel? Yes. Defendant: Pues... no la quiero aceptar. Quiero tener un juicio porque soy inocente. Very well, sir. The bailiff will take you to the courtroom in a few minutes. The judge will confirm that you do not want to take the offered conveyed by the Prosecution and also set the date for a preliminary hearing. They will bring you from County Jail on the date of your preliminary hearing. I may stop by County Jail to interview you regarding the facts of your case. If not, I will see you on the date of the preliminary hearing. Do you have any questions? Defendant: No.
Question # 3 100 points Mr. Pereira, it is my understanding that you were conveyed an offer by the Prosecution through your defense counsel. Is that correct? Defendant: Sí. I further understand that you decided not to take that offer. Is that correct? Defendant: Sí. Very well. Preliminary hearing is set for the tenth of next month at 9 a.m. in this Department. II. Translate into Spanish 10 points for each question 4. Bench warrant 5. Bind over 6. Burden of proof 7. Case heard and concluded 8. Chambers 9. Case settled 10. Circumstantial evidence 11. Bailiff 12. Bail reinstatement 13. Challenge for cause 14. Drug dealing 15. Forgery 16. Grand theft 17. Hit and run 18. Larceny 19. Kidnapping for ransom 20. Court order 21. The Court will instruct you on what to do 22. The criminal presented evidence in court 23. Fictitious Checks 24. Mayhem 25. Money laundering 26. Murder in the first degree
27. Manslaughter 28. Pandering 29. Embezzlement 30. Indecent exposure 31. Pimping 32. Driving under the influence of alcohol and/or drugs 33. Abuse of power 34. Assault 35. Assault and battery 36. Battery 37. Bigamy 38. Carjacking 39. Armed robbery 40. Arson 41. Breaking and entering 42. Burglary 43. Conspiracy 44. Domestic violence 45. Child molestation 46. Discharging a firearms 47. Disturbing the peace 48. Bookmaking 49. Drive by shooting 50. Bank fraud 51. Child abuse 52. Drinking in public 53. Accomplice 54. Acquittal 55. Arraignment 56. Arrest 57. Arrest warrant 58. Attorney of record 59. Adverse party 60. Aggravating circumstances 61. Assumes facts not in evidence 62. Allegation 63. Alibi 64. Affirmative defense 65. Bail bond 66. Admitted into Evidence 67. Aider and abettor 68. Alternate juror 69. Amnesty 70. Appeal
71. Robbery 72. Section 211 of the Criminal Code 73. Bribery 74. Indictment 75. Complaint 76. Information 77. Parole 78. Probation 79. Appearance 80. Abduction 81. Theft 82. Case 83. Crime 84. Trespassing 85. Bail 86. Bond 87. Charge (noun) 88. Charge (verb) 89. Violation 90. Evidence EXTRA CREDIT Translate into Spanish Question # 91 100 points Extra Credit The right to bail, if the person was arrested and is still in custody. The right to see, hear, question and cross-examine the witnesses who testify against the defendant at the trial. The right to call witnesses to testify for the defense and to have them subpoenaed and required to appear, at no cost to the defendant. The right to the assistance of counsel at every stage of the proceedings, if a jail sentence is being considered by the judge. The right to representation by an attorney at no cost to the defendant, if the defendant is indigent and a jail sentence is being considered by the judge. The right to remain silent and the fact that any statement made by the defendant may be used against him or her. The right to testify at trial, but if the right is exercised the defendant is subject to cross-examination.
The defendant is required to enter a plea to the complaint after receiving the explanation of rights and an opportunity to consult with counsel, if counsel is present, unless counsel is not required or is waived. If the defendant refuses to plead or stands mute, the judge enters a plea of not guilty for the defendant. Question # 92 130 points Extra Credit During the pre-trial hearing the parties will discuss the settlement of the case, possible discovery issues, and make motions, if needed. A typical motion filed in a pre-trial hearing is a 1538.5 motion (it may be known by another section of the penal code in other states), known as motion to suppress evidence. This motion filed by the defense typically claims that the defendant was stopped, arrested or searched in violation of his or her constitutional rights; that means that the police did not have a warrant and otherwise lacked probable cause for the stop, arrest or search. If the case is not resolved at the pre-trial hearing, the Court may set additional pre-trial hearings. Eventually, a final pre-trial hearing is set, called a readiness conference. At the readiness conference, the parties will make an attempt to resolve the case without a trial and discuss any issues pertaining to readiness for trial, such as witness availability. If the case cannot be resolved, then it proceeds to trial. Generally, an offer is conveyed from the Prosecution to the defense. The defense counsel interviews the defendant, either in lock up or in the attorney s office if the defendant is out of custody. The defendant decides whether to take the offer or not. Below please find a sample conversation between the attorney and the defendant regarding the offer conveyed by the Prosecution. END OF EXAM