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Forensic Linguistics: Can Words Help Solve a Crime?

Forensic Linguistics: Can Words Help Solve a Crime?. Margaret van Naerssen, Ph.D. Smithsonian Institution September 21, 2005. Forensic Sciences. What I’ll Cover. What Forensic Linguistics is /is Not How several types of cases might be approached and Provide examples from various areas.

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Forensic Linguistics: Can Words Help Solve a Crime?

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  1. Forensic Linguistics: Can Words Help Solve a Crime? Margaret van Naerssen, Ph.D. Smithsonian Institution September 21, 2005

  2. Forensic Sciences © van Naerssen 2005

  3. What I’ll Cover • What Forensic Linguistics is /is Not • How several types of cases might be approached and • Provide examples from various areas © van Naerssen 2005

  4. Stereotypes Not Study of Dead Languages Not Speaker of Many Languages www.un.org © van Naerssen 2005

  5. An International Leader in Forensic Linguistics Roger Shuy, Ph.D Prof Emeritus, retired Georgetown Univ. Now in Montana Sociolinguistics http://www.rogershuy.com Analyzed • Taped conversations • Taped speeches • Taped interviews • Written documents Consulted on500+ cases Testified as expert witness • 52 times • criminal & civil cases • 26 states • Impeachment trials in US Senate & House of Repres. • International Criminal Tribunal trials © van Naerssen 2005

  6. International Association of Forensic Linguists, founding president Forensic Linguistics: The International Journal of Language and Law, founding editor Expert witnessreports on -150 cases -3 terrorist trials, Northern Ire. -academic plagiarism, Hong Kong -twice in Court of Appeal 1998 Derek Bentley Appeal guilty verdict overturned after 46 years Malcolm Coulthard Prof. of English Language & Linguistics University of Birmingham, UK Discourse Analysis (written, spoken) An International Leader in Forensic Linguistics © van Naerssen 2005

  7. Linguistics? Scientific study of human language from various perspectives © van Naerssen 2005

  8. Language As a Product of Human Evolution • Evolution of relevant anatomical parts • Survival & social needs • Long-term language changes, language death • Long-term impact of environment & culture Rudolph Zallinger, ASCENT OF MAN from “Early Man” (1965). Courtesy of TimeLife books. http://www.learner.org/channel/courses/biology/archive/images/1678.html © van Naerssen 2005

  9. Language as a Window into the Mind Structured system of mental representations • Cognitive development, language & thought • Language development: first & additional languages • Study of meaning (semantics) © van Naerssen 2005

  10. Language as a Means of Communication & Social Interaction written oral non-verbal © van Naerssen 2005

  11. Applied Linguistics Application of theories & knowledge from linguistics to help solve problems in the real world Draws from other academic disciplines including anthropology, psychology, sociology, education, testing & statistics, etc. © van Naerssen 2005

  12. Forensic Linguisticscan be broadly defined as the interface between language & the law in judicial & law enforcement settings language law © van Naerssen 2005

  13. targets projectiles residue types of insects time/ life cycle quantity http://folk.uio.no/mostarke/forens_ent/forensic_entomology.html Forensic Entomology Ballistics © van Naerssen 2005

  14. Looking for Patterns Like experts in other Forensic Sciences--- Linguists look for patterns and inconsistencies in patterns © van Naerssen 2005

  15. Linguistic Resources • What tools are available? • Am I the right person to do this? • Do I need more language samples & related information? Is it appropriate for me to collect this? Analysis of recorded Conversation analysis Language testing Other analyses speech using transcripts and analysis © van Naerssen 2005

  16. Conversation Analysis • Examine the turns in a conversation • Who? says what? when? • Who introduces a new topic? How frequently is new topic re-introduced by same person? • How does the other person respond? • Do the speakers appear understand each other? • Do speakers overlap? • What is the speaker doing with language? and so on…. © van Naerssen 2005

  17. THE LEGAL QUESTION Did the Russian immigrant, Mr. K, lie in his insurance claim interview & in his claim application in order to collect money for roof damage repairs resulting from a snow storm on February 5? © van Naerssen 2005

  18. Perjury? Insurance Fraud?

  19. 4 Grounds for Perjury 1. Did the person understand the questions? 2. Did the person intend to deceive? 3. Did the person actually try to deceive? 4. Was the deception related to another charge in the case? © van Naerssen 2005

  20. of oral interactions? No direct evidence Available? Transcript of insurance Interview *** Handwritten police reports of 2 home visits Direct Linguistic Evidence Needed © van Naerssen 2005

  21. insurance interview language testing interview transcript of insurance interview Matching Patterns oral interaction : Written records © van Naerssen 2005

  22. Findings • No significant differences in patterns of English use across testing & insurance interviews. 2. Limited control of the past tense (understanding & speaking) –only simple past • If specific time not mentioned, he seemed to guess the time was Feb. 5, the day of the snowstorm damage. Have you ever…? While you were living in the house…? © van Naerssen 2005

  23. Common Q-ing Strategy Earlier FEB 5 Later + Future ? OK ? • Q1 • Q2 • Q3 • Q4 • Q5 • Q6 • Q7 • Q8 © van Naerssen 2005

  24. First Condition for Perjury FAILS Did the person understand the question(s)? Highly unlikely Mr. K accurately understood many of the relevant questions © van Naerssen 2005

  25. No Evidence of Fraud © van Naerssen 2005

  26. General Knowledge vs Expert Knowlege Expert can’t testify on what is considered common or general knowledge © van Naerssen 2005

  27. Identify main bone structures Diagnose medical condition? No! Native-speaker judges, jury, lawyers Speak language naturally Have feel for meaning of a word Linguistic experts should add more Expert Knowledge General Knowledge © van Naerssen 2005

  28. Help in Investigations or in Trials • Provide investigative tools • Assist in a legal case (investigation or trial) • Linguistic analysis, ALONE, frequently doesn’t solve a case or win the argument in court • Can’t get inside of head © van Naerssen 2005

  29. Forensic Linguisticscan be broadly defined as the interface between language & the law in judicial & law enforcement settings language law *Research-based* *“Live” Cases* © van Naerssen 2005

  30. Handwriting & Document Analysis NOT Forensic Linguistics © van Naerssen 2005

  31. Some Areas of Forensic Linguistics • Communication between law enforcement officers and witnesses, suspects, etc. • Comprehensibility of the police caution issued to suspects • Use of linguistic evidence in court • Courtroom discourse • Court & law enforcement interpreting & translating © van Naerssen 2005

  32. Analyzes Australian Aboriginal English in legal settings, especially the courtroom & educates law enforcement With team of linguists worldwide, developed Guidelines for the Use of Language Analysis in Relation to Questions of National Origin in Refugee Cases Diana Eades Australia and USA Ph.D. The University of Queensland Linguistic Anthropology Currently Dept of Second Language Studies University of Hawai'i at Manoa Aboriginal Justice &Asylum Issues © van Naerssen 2005

  33. Forensic Linguistics also includes • Phonological variation in identity • Readability/comprehensibility of legal documents • Trademark disputes • Authorship attribution, for both written & spoken language, incl. threatening communications • Interviews with children in the legal system © van Naerssen 2005

  34. Phonological Variation: Individual and Geographic http://alt-usage-english.org/plosive_question.html © van Naerssen 2005

  35. Help Identify Type of “person of interest” © van Naerssen 2005

  36. Bomb threats to Pan Am counter, LA airport Disgruntled employee (New Yorker) sounded like recordings of threats http://www.ling.upenn.edu/~wlabov/Papers/HowIgot.html William Labov, Ph.D.Dept of Linguistics University of Pennsylvania Phonology: Individual and Geographic Variation © van Naerssen 2005

  37. Comprehensibility • Comprehensibility of the police caution issued to suspects • Readability/comprehensibility of legal documents • Jury Instructions • Contracts © van Naerssen 2005

  38. CALIFORNIA Supreme Court Rulings & Penal code, Jury instructions made simple, August 26, 2005 Previous: "Innocent misrecollection is not uncommon.'‘ New: "People sometimes honestly forget things or make mistakes about what they remember.'' Peter Tiersma, JD, Ph.D. Linguist and Law Prof.Loyola University, Los Angeles, CA Bethany Dumas, JD, Ph.D. Dept. of English University of Tennessee Jury Instructions © van Naerssen 2005

  39. Plain English? • Notwithstanding anything to the contrary set forth herein, in the event Buyer orders in writing changes which are approved by Seller or selects extras as provided in this Paragraph, any required payments by Buyer made with respect thereto are not refundable to Buyer under any circumstances (including but not limited to the provisions of Paragraph 7 hereof regarding Buyer's inability to obtain a mortgage commitment), unless settlement does not occur because of Seller's default hereunder or unless this Agreement is terminated pursuant to Paragraph 25 hereof. (86 words) (housing contract case) © van Naerssen 2005

  40. Pennsylvania StatutesTrade and Commerce (Title 73)Plain Language Consumer Contract Act§ 2505. Test of readability. • All consumer contracts shall be written, organized and designed so that they are easy to read & understand. • Guidelines were established covering 8 language categories & visual/ graphic features © van Naerssen 2005

  41. Violations of Plain Language Guidelines © van Naerssen 2005

  42. When does a trademark become generic? -Kleenex, Xerox- McDonalds v. Quality Inns McSleep Inns Mc=low cost, standardized, fast, convenient? (Shuy) Trademarks Imagine the “Golden Arches” here Due to trademark regulations, I can’t show the McDonalds trademark! © van Naerssen 2005

  43. Authorship Attribution/ Identity • Bomb threats • Ransom notes • Other threats of violence • Verification of suicide notes • Hoax emergency calls, other hoaxes • Scandalous or libelous communications • Claims or denials of authorship of texts in evidence [wills, reports, etc.] © van Naerssen 2005

  44. Where to start? Questioned Document ???????? Who created it? © van Naerssen 2005

  45. Did X write the Q-Document? Questioned Known Document ? Document(s) © van Naerssen 2005

  46. What kind of person might have written the Q-Document? Questioned No Known Document(s)? Documents ? © van Naerssen 2005

  47. Not all analyses of language evidence is forensic linguistics © van Naerssen 2005

  48. --A Task--NOT a Single Technique • Linguistics • Content Analysis • Risk Analysis • Style • Statistics © van Naerssen 2005

  49. “Bugged” Communications • Multiple speakers • Confidential informant • Overlapping discussions • Poor transcripts • Visual context missing © van Naerssen 2005

  50. US v John Z. DeLorean (narcotics) Conversation analysis • Ambiguous references “interim deal” “we” “that” • Wrong assumptions • Evidence of distancing self (Shuy) © van Naerssen 2005

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