The Routledge Handbook of Forensic Linguistics

Cover
Half Title
Title Page
Copyright Page
Dedication
Table of contents
Illustrations
Conventions used
Contributors and affiliations
Notes on editors and contributors
Acknowledgements
1 Introduction
	Introduction
	What is forensic linguistics?
	Contents and organisation
		Section I – The language of the law and the legal process
			Subsection 1.1 Legal language and legal meaning
			Subsection 1.2 Witnesses and suspects in interviews and investigations
			Subsection 1.3 Language in the courtroom
			Subsection 1.4 Lay participants in the judicial process
		Section II – The linguist as expert in the legal process
			Subsection 2.1 Expert and process
			Subsection 2.2 Multilingualism in legal contexts
			Subsection 2.3 Authorship and opinion
		Section III – New directions
	Concluding observations
	References
Section I The language of the law and the legal process
	1.1 Legal language and legal meaning
		2 Legal talk: Socio-pragmatic aspects of legal questioning: police interviews, prosecutorial discourse and trial discourse
			Introduction
			Question form and function
				Questions and turn-taking
				Interrogative syntax
				Pragmatics of questions – language at work
					Making contrasts
					Reporting speech
					Lexical signalling
			Evaluating, summarising, repeating, formulating and challenging through questions
				And- and so-prefaced questions
				Formulations
				SAY questions
				Repeating questions
			Conclusion
			Further reading
			References
		3 Legal writing: complexity: Complex documents / average and not-so-average readers
			Introduction
			Types of documents
				Pension plan documents
				Credit card disclosures
			Literacy issues in the U.S.
			Other relevant research
			Conclusion
			Further reading
			References
		4 Legal writing: attitude and emphasis: Corpus linguistic approaches to ‘legal language’: adverbial expression of ...
			Introduction
			U.S. court systems
			Expressing attitude and emphasis: justice with an attitude
				Emphatic adverbials and their prohibition
				Adverbs and adverbials
				COSCO-II, CUSSCO and COCA
				Adverbs and adverbials in COSCO-II
				Attitudinal and emphatic adverbs in COSCO-II, CUSSCO and COCA
				Efficacy of emphatics in appellate briefs
			Language and thought
			Conclusion
			Further reading
			References
		5 Creating multilingual law: Language and translation at the Court of Justice of the European Union
			Introduction
			Methodology
			Language and translation at the CJEU
				Pivot translation
			Lawyer-linguists and translations with the force of law
			Layers of (hidden) translation
			Conclusion
			Acknowledgements
			Notes
			Further reading
			References
		6 Legal interpretation: The category of ordinary meaning and its role in legal interpretation
			Introduction
				The interpretive culture of law
				Technical, trade and scientific meanings
				The dictionary and the language expert
				What is a sandwich?
				Corpus linguistics and legal interpretation
				Self-classification and ordinary meaning
				Conclusion
			Further reading
			References
	1.2 Witnesses and suspects in  interviews and investigations
		7 Miranda rights: Curtailing coercion in police interrogation: the failed promise of Miranda v. Arizona
			Coercion and confessions
			Miranda v. Arizona – an attempt to prevent police over-reaching and to promote reliability of confessions
			Miranda as implemented: no remedy for police coercion after all
				The language of warning
				The language of waiver
				The language of invocation
				Questioning ‘outside’ Miranda
			The Supreme Court reconsiders the Miranda framework
			The role for linguists in preventing miscarriages of justice
			Further reading
			References
		8 Witnesses and suspects in interviews: Collecting oral evidence: the police, the public and the written word
			Introduction
				How do reading and writing figure in interviews?
				Intertextuality and literacies in police interviews
			Writing that is brought into interviews
			Writing that is taken from interviews
			Conclusion
			Further reading
			References
		9 False confessors: The language of false confession in police interrogation
			Introduction
			The cause of false confessions
			The psychology of false confession
				The decision to falsely confess
				Voluntary false confessions
				Interrogation-induced false confessions
			Linguistic form/content of false confession discourse/statements
				Linguistic content of false confessions
				Discourse features of false confessions
				Lexico-grammatical and syntactic features of false confessions
			Linguistic form/content of police interrogation in cases of false confession
				Leading questions and statements
				Presupposition-bearing questions
				Confession contamination
			Conclusion and suggestions for further research
			Further reading
			References
		10 Police interviews in the judicial process: Police interviews as evidence
			Introduction
			The role of police-suspect interviews
			Some problems
			Format
			Context
			Audience
			Data analysis
			Prosecution v. defence
			Discussion: interviews as evidence
			Further reading
			References
		11 Assuming identities online: Authorship synthesis in undercover investigations
			Introduction
			The policing of online child sexual abuse
			Training linguistic analysis and synthesis
			Theorising language and identity
			Conclusions
			Acknowledgement
			Further reading
			References
	1.3 Language in  the courtroom
		12 Order in Court: Talk-in-interaction in judicial settings
			Introduction
			Key themes in Order in Court
				The pre-allocated turn-taking system for courtroom interaction
				Questioning
				Social actions
				Strategy and the micro-analysis of ‘power’
			Limitations of Order in Court
			Recent developments in research into social interaction in judicial settings
			Future directions
			Further reading
			References
		13 Narrative in the trial: Constructing crime stories in court
			Introduction
			Narrative and the trial process
			Jury selection and emplotment
			Preliminary instruction, the legal framework and story negotiation
			Opening statements, narration and character navigation
			Witness examination and mediated narration
			Cross-examination and character navigation
			Closing arguments, the trial story and character navigation
			Jury instruction and narrativization
			Jury deliberation, emplotment and narrative decision-making
			Sentencing and beyond: a moral coda
			Conclusion
			Note
			Further reading
			References
		14 Advances in studies of the historical courtroom: (Con)Textual, ideational and interpersonal dimensions
			Introduction
				(Con)Textual dimension
				Recent discoveries in historical courtroom discourse
			Ideational dimension
			Interpersonal dimension
			Analysis of ideational and interpersonal aspects in early opening statements
				Conclusion and future directions
			Further reading
			References
		15 Capitally speaking
Language and bias in capital trials
			Introduction
			Jury selection
				Death qualification
				Racial imbalance
			Evidentiary phase
				California’s language diversity & capital trials
					Language errors mar the proceedings
				A case study
			Juror deliberations: questions and confusion
			Conclusion
			Further reading
			References
		16 Multimodality in legal interaction: Beyond written and verbal modalities
			Introduction
			Multimodality
				Gesture
				Gaze, facial expression, posture and movement
				Materiality
			Data in legal contexts
			Multimodal conduct in the courtroom
				Closing argument
				Cross-examination
			Conclusion
			Acknowledgement
			Notes
			Further reading
			References
	1.4 Lay participants in  the judicial process
		17 Instructions to jurors: Redrafting California’s jury instructions
			Background
			Developments in California
			Old v. new: some civil instructions
			Criminal instructions
			The problem of death penalty instructions
			Conclusion
			Further reading
			References
		18 Vulnerable witnesses: Vulnerable witnesses in police investigative interviews in England and Wales
			Introduction
			Vulnerable witnesses in the legal system in England and Wales
			Vulnerable witnesses: children
				The phased interview – building rapport
				The phased interview – free narrative account phase
				The phased interview – questioning
				The phased interview – closure
				Adult witnesses with intellectual disability (ID) and/or communication disorders
			The role of the registered intermediary
				The role of communication aids
			Vulnerable witnesses in the courtroom
			Conclusion
			Further reading
			References
		19 Rape victims: The discourse of rape trials
			Introduction
			The adjudication of rape cases
			Questions in trial discourse
			The power of questions to control information in acquaintance rape trials
			Syntactic repetition: intensifying the control of questions in acquaintance rape trials
			Integration of gesture and speech
			Contesting cultural mythologies surrounding rape
			Conclusion and future directions
			Further reading
			References
		20 Defendants’ allocutions at sentencing: Courtroom apologies
			Introduction
			The context of the courtroom
			Historical context of courtroom apologies
			Allocution at sentencing today
			A study of 52 courtroom apologies
				Patterns in the genre of allocution at sentencing
				Defendants talk about the offense
				Defendants offer mitigating information
				Defendants talk about the future
				Defendants refer to their sentences
				Conversational styles of defendants
				Paralinguistic indexes: wavering voice and crying
			Conclusion
			Further reading
			References
		21 Aboriginal claimants: Adjusting legal procedures to accommodate linguistic and cultural issues in hearings in ...
			Introduction
			The Land Rights Act
			Aboriginal law
			Knowledge
			Kinship systems
			Names
			Languages
			Aboriginal English
			Cultural considerations
			Conclusion
			Further reading
			References
Section II The linguist as  expert in  the legal  process
	2.1 Expert and process
		22 The forensic linguist: The expert linguist meets the adversarial system
			Science in the adversarial system
			The challenge facing forensic identification sciences
				The need to make forensic science more scientific
				Cognitive biases in forensic science
			Judicial reactions to expert evidence in the U.S. and the U.K.
				The Daubert standard in American courts: The judge as gatekeeper
				Expert certification of neutrality in the U.K.
			The direction of forensic linguistics
				Developing valid methodology
				Proficiency as a substitute for methodology
			Conclusion
			Notes
			Further reading
			References
		23 Trademark linguistics: Trademarks: language that one owns
			Historical and theoretical perspectives
				The rise of linguistic testimony about trademarks
				Definitions and terminology
				Trademark litigation and the forensic linguist
			The two main consulting areas (case studies)
				Likelihood of confusion
				The category of SIGHT
				The category of SOUND
				The category of MEANING
				Ethics and outcomes
			Strength of mark
				Definitions
				Challenging putatively weak marks
			Genericide
			The function of trademarks in modern society: uses and abuses of linguistics
			Further reading
			References
		24 Speaker profiling and forensic voice comparison: The auditory-acoustic approach
			Introduction
			Speaker profiling
			Forensic voice comparison (FVC)
				Speaker-specific characteristics
				Principles of forensic voice comparison
				The status of speaker classification in FVC
				Notes on semiautomatic speaker recognition
			Conclusion
			Acknowledgements
			Further reading
			References
		25 Forensic phonetics and automatic speaker recognition: The complementarity of human- and machine-based forensic ...
			Introduction
			ASR systems
			Problems
			Conclusions
			Acknowledgment
			Further reading
			References
		26 Forensic transcription: The case for transcription as a dedicated branch of linguistic science
			Introduction
			An auspicious start: the ‘conversation in a car’ case
			A dose of reality: the ‘heroin’ case
			Getting serious: the ‘don’t worry’ case
			Scientific evidence about legal evidence: the ‘crisis call’ experiment
			Insight from tragedy: the ‘pact’ case
			Legal reasoning about forensic audio: far from naive but still wrong
			A failed voir dire and the ‘pact’ experiment
			Behind the scenes: the pervasive but unrecognised role of priming  in the legal process
			Perception of indistinct audio: priming is not the same as bias
			Bad in principle, worse in practice: accumulating evidence  against the law
			The fundamental problem: a web of confident false beliefs
			Educating the law: some common but not ideal proposals  from linguists
				Educating police is not the answer
				Educating prosecutors is not the answer
				Educating judges is not the answer
				Educating defence lawyers is not the answer
			Towards a real solution: recognise forensic transcription as a science
				Requirement 1: Bring about necessary changes in the law
				Requirement 2: Develop transcription studies as a dedicated branch of linguistic science
			Conclusion
			Further reading
			References
		27 Consumer product warnings: Composition, identification and assessment of adequacy
			Introduction
				Definitions
				Legal requirements
			Nature and function of warnings and warning labels
				The nature of warnings and warning labels
				Functions of warnings and warning labels
			Warning adequacy
				Warnings on cigarette packages
				Warnings on a manufacturing product
				Cleaning product risk, carbon monoxide poisoning, toxic shock syndrome  and toxic gas poisoning
			Conclusion
			Further reading
			References
		28 Terrorism and forensic linguistics: Linguistics in terrorism cases
			Introduction
			How linguistic analysis can help
				Speech events (what is being talked about)
				Schemas (how participants think about what is being talked about)
				Agendas (what participants contribute to what is being talked about)
				Speech acts (how participants convey their contributions)
				Conversational strategies (how participants try to influence each other)
				Grammar and lexicon (how participants convey meaning in sentences)
				Terrorist case example
			Case background
			Motivations and intentions
			Linguistic analysis
				Speech events
				Schemas
				Agendas
			The agent’s agenda
				El-Hindi’s agenda
				Conflicting agendas
				Speech acts
				Conversational strategies
				Lexicon and grammar
			Internal evidence that the agent’s effort failed
			Conclusions
			Further reading
			References
	2.2 Multilingualism in legal contexts
		29 Non-native speakers in detention: Assessing the English language proficiency of non-native speakers in detention: ...
			Introduction
			The language question
			Language testing
				Language testing in applied linguistics
				Language testing for forensic purposes
			Conducting an assessment
				Methodology and materials
			Analysing the performance samples
				Language assessment samples
				Police interview samples
			Producing the report
				Assessment procedures and rationale
					Rationale
				The linguistic profile
				Contextual information
				Giving an opinion
			Conclusion
			Further reading
			References
		30 Court interpreting: The need to raise the bar: court interpreters as specialized experts
			Introduction
			Lack of awareness about the complexity of interpreting and the  need for high standards
			Court interpreters as highly trained professionals
			Court interpreting competence
				Prerequisite to becoming an interpreter: high-level bilingual competence
				Understanding the interpreting process
				Overcoming challenges caused by cross linguistic differences
				Understanding the discourse strategies of the courtroom
				Understanding the role of the court interpreter
				Acquiring the expertise to know when and how to intervene to  offer expert opinion
			Conclusion
			Note
			Further reading
			References
		31 Interpreting outside the courtroom: ‘A shattered mirror?’ Interpreting in law enforcement contexts outside the courtroom
			Introduction
			Emergency interpreting
			The police interview
			Sourcing interpreters
			Transcript issues
			Lawyer–client interaction
			Probation offices
			Prisons
			Conclusions
			Notes
			Further reading
			References
	2.3 Authorship and opinion
		32 Experts and opinions: In my opinion
			Introduction
			Giving evidence in court
			The expert linguist
				Communicating expert evidence
			The responsibility of experts
			Further reading
		33 Forensic stylistics: The theory and practice of forensic stylistics
			Introduction
			Language and linguistic stylistics
			The description of style
			The measurement of style
			Forensic stylistics
			Limitations of forensic stylistics
			Conclusion
			Further reading
			References
		34 Text messaging forensics: Txt 4n6: idiolect-free authorship analysis?
			Introduction
			Authorship analysis and theories of the linguistic individual
				Cognitivist theories of idiolect
				Stylistic theories of idiolect
				A unified approach to the linguistic individual
			Text messaging authorship analysis
				Forensic psychology and case linkage work
				Statistical consistency and distinctiveness
			Implications for theories of idiolect
			Postscript – Txt4n6 ten years on
			Further reading
		35 Plagiarism: Evidence-based detection and analysis in forensic contexts
			Introduction
			Defining plagiarism
			The linguistic analysis of plagiarism and textual similarity
				Verbatim copying
				Copying with alterations
				The discriminating power of lexical similarity
			Plagiarism and translation
				Plagiarised translation
				Translingual plagiarism
			Textual overlap and plagiarism
			Computational plagiarism detection
			Detecting contract cheating
			Final remarks
			Further reading
			References
		36 Computational forensic linguistics: Computer-assisted document comparison
			Introduction
			Computational forensic linguistics
			Sentences
			Sentence structure
				Identification of words
				Measurements and patterns
				Classification
			Comparing sentences
				Sentence similarity
				Reordering
				Document similarity
				Hapax legomena
				Paraphrase
				Summary
			Program Development
				Jangle
			Authorship attribution
			Other applications
			Conclusion
			Further reading
Section III New directions
	37 Corpus approaches to forensic linguistics: Applying corpus data and techniques in forensic contexts
		Corpora in forensic linguistics
		Three case study corpora
		Corpus collection
		Corpus size
		Ethical considerations
			Applying corpus techniques
		Keywords, collocates and concordances
		Part-of-speech tagging
		Collocation profiles and word clusters
		Conclusion
		Acknowledgements
		Further reading
		References
	38 Corpora and legal interpretation: Corpus approaches to ordinary meaning in legal interpretation
		Introduction
		Corpus-linguistic methods and their application to legal interpretation
			Corpus linguistics and its potential advantages
		Corpus-linguistic methods
			Concordances
			Collocations
		Selected applications
			Muscarello v. United States, 524 U.S. 125 (1998)
			United States v. Costello, No. 11–2917 (7th Cir. 2012)
			Smith v. United States, 508 U.S. 223 (1993)
			Pointers to other relevant corpus-linguistic applications
		Criticism against corpus-linguistic methods and some rebuttals
			Criticism from a legal perspective
				Corpora are not representative of anything and in fact unnecessary
				Corpus analysis is not objective (either)
				Corpus results can be indeterminate, too
				Corpus frequencies do not speak to ordinary meaning
				Corpus analysis is not practical / too cumbersome
				Various more general misunderstandings
			Criticism from a (corpus-)linguistic perspective
		Concluding remarks
		Acknowledgement
		Further Reading
		References
	39 Police crisis negotiation: An assessment of existing models
		Introduction
		The origins of (modern) crisis negotiation
		Crisis negotiation models
		BCSM
			STEP
			S.A.F.E.
		A linguistic toolkit for (UK) police negotiators
		Marauding terrorist attacks
		Concluding comment
		Further reading
		References
	40 Investigative linguistics
		Introduction
		The Starbuck case
			Background
			Data
			Analysis
			Outcome
		The inventor of Bitcoin
			Background
			Data
			Analysis
			Outcome
		Conclusion
		Further reading
		References
	41 ‘Prison has been a proper punishment’: Investigating stance in forensic and legal contexts
		Introduction
		An appraisal analysis of unsuccessful parole board hearings
			Appraisal analysis
			Behind the scenes: steps to interpretation
				Focus on attitude
				Focus on engagement
				Focus on graduation
				Final behind-the-scenes suggestions
			Above-the-scenes: revealed patterns of prosodic meaning
		Conclusion
		Acknowledgments
		Further Reading and Resources
		References
	42 Pranksters, provocateurs, propagandists: Using forensic corpus linguistics to identify and understand trolling
		Trolls and tribulations
			Acts of aggression
			Forensic lexicology
		Conclusion
		Acknowledgements
		Further reading
		References
	43 Concluding remarks: Future directions
		Introduction
		Predicted future advances in research
			Computer-assisted forensic linguistics
			Advances in the preparation and presentation of linguistic evidence
			Work on likelihood ratios for the presentation of evidence
		The wider implementation of advances already made in  some jurisdictions
		Concluding observations
		References
Index