Whither Forensic Linguistics

1. Whither Forensic Linguistics? Malcolm Coulthard Professor of Forensic Linguistics Aston University

2. 1. Written Language of the Law 2. Spoken Language of the Legal Process 3. Language as Evidence

3. Legal-Lay Communication Contracts, insurance and purchase agreements temporary restraining orders jury instructions the police caution and Miranda

4. A Rejected Insurance Claim Have you any impairments?.... Loss of sight or hearing?.... Loss of arm or leg?... Are you crippled or deform-ed?... If so explain.... The insurance company argued that the man had lied when he replied in the negative, since �he was over-weight, had a high cholesterol level and occasional backaches�

5. Pattern Jury Instructions Reasonable doubt is that doubt engendered by an investigation of all the proof in the case and an inability, after such investigation, to let the mind rest easily as to the certainty of guilt. Reasonable doubt does not mean a captious, possible or imaginary doubt. Absolute certainty of guilt is not demanded by the law to convict of any criminal charge, but moral certainty is required, and this certainty is required as to every proposition of proof requisite to constitute the offense. (Dumas; Tennessee Pattern Jury Instructions 1995)

6. You do not have to say anything. But if you do not mention now something which you later use in your defence, the Court may decide that your failure to mention it now strengthens the case against you. A record will be made of anything you say and it may be given in evidence if you are brought to trial. (60 words)

7. You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence. (37 words)

8. We believe that [these words] strike the right balance between legal accuracy and brevity. We believe that the caution will be easy for the police to remember and easy for suspects to understand. (Baroness Blatch,1995)

9. But it may harm your defence if you do not mention when questioned something which you later rely on in court.

10. Towards a Critical Analysis of Forensic Discourse Discourse is a major instrument of power and control and Critical Discourse Analysts �. feel that it is part of their professional role to investigate, reveal and clarify how power and discriminatory value are inscribed in and mediated through the linguistic system. Critical discourse analysis is essentially political in intent with its practitioners acting on the world in order to transform it Carmen Rosa Caldas-Coulthard (1996)

11. California Plain Language Revision Proof beyond a reasonable doubt is proof that leaves you with an abiding conviction that the charge is true. The evidence need not eliminate all possible doubt because everything in life is open to some possible or imaginary doubt. (California Plain Language Rewrite, 2005)

12. Working on the English Police Caution Should there be a new, tested version? Is the explanation of the caution wrongly vested in the police interviewer? Should there be an official paraphrase?

13. Language of the legal process So far much of the work has been descriptive Police Interviewing Vulnerable and Expert Witnesses Courtroom Interaction

14. Police Interviewing Miranda: Janet Ainsworth�s analysis provides the basis for a campaign to restore the right to remain silent. �Fail to mention�: Kate Howarth�s findings could change investigative interviewing Audio taping: the success of the British system of police interview taping provides the basis for campaigns elsewhere.

15. Vulnerable Witnesses and Asylum Seekers Michelle Aldridge provides the basis for a new campaign to move from Adversarial to Investigative procedures for Child Abuse cases Despite the original statement published in the IJSLL about the dangers of using language analysis to categorise asylum seekers more needs to be done

16. Working with an Interpreter Video link from prison to courtroom Interpreter training for police officers Interpreter training for courtroom lawyers

17. UCAS Personal Statements 2006-7 234 statements related a dramatic incident involving "burning a hole in pyjamas at age eight". 175 contained a statement which involved "an elderly or infirm grandfather". 370 statements contained a sentence including "a fascination for how the human body works..."

18. Ever since I accidentally burnt holes in my pyjamas after experimenting with a chemistry set on my 8th Birthday, I have always had a passion for science. Following several hospital visits during my teenage years to explore my interest, the idea of a career that would exploit my humanity and problem-solving abilities always made medicine a natural choice.

19. Ever since I burnt holes in my dress after experimenting with my brother�s chemistry set when I was 10, I have always been passionate about the sciences. Following several visits to the local hospital during my teenage years as a result of minor accidents, the idea of a career that would help people always made physiotherapy a natural choice.

20. "I promise to tell the truth, the whole truth and nothing but the truth." After years of developing my intellectual capacity for my academic interests and wanting to hold privilege jobs and leadership positions in the future, I have a sense of purpose and dedication in doing the most with the opportunities available. My interest in Law stems from a fascination with resolving conflict and the important contribution it makes to our society. I view Law as a career in which I will have the opportunity to improve the lives of others and be able to evaluate the nature of human relationships. The present world is a very complex place and some, who do not recognize the inner workings of a system can be steered onto the right course by someone who knows the ropes better- lawyers- experts at navigating confusing day-to-day living. Law is plunging into depth of detail, and for me, it would be captivating to work in an area where I can make a positive impact upon people. Academically, I have always been a very determined individual, hence the reason I knew that a degree at university would be the next step. I have a broad interest in many subject areas yet feel drawn towards a law degree. Currently studying a range of A-Level courses will enable me to become a well-rounded solicitor. As a result of my education and experiences I feel that I have developed the skills necessary to meet the challenge that further education will provide me with that I look forward to meeting and accomplishing. Has the jury reached a verdict?

21. "I promise to tell the truth, the whole truth and nothing but the truth." After years of developing my intellectual capacity for my academic interests and wanting to hold privilege jobs and leadership positions in the future, I have a sense of purpose and dedication in doing the most with the opportunities available. My interest in Law stems from a fascination with resolving conflict and the important contribution it makes to our society. I view Law as a career in which I will have the opportunity to improve the lives of others and be able to evaluate the nature of human relationships. The present world is a very complex place and some, who do not recognize the inner workings of a system can be steered onto the right course by someone who knows the ropes better- lawyers- experts at navigating confusing day-to-day living. Law is plunging into depth of detail, and for me, it would be captivating to work in an area where I can make a positive impact upon people. Academically, I have always been a very determined individual, hence the reason I knew that a degree at university would be the next step. I have a broad interest in many subject areas yet feel drawn towards a law degree. Currently studying a range of A-Level courses will enable me to become a well-rounded solicitor. As a result of my education and experiences I feel that I have developed the skills necessary to meet the challenge that further education will provide me with that I look forward to meeting and accomplishing. Has the jury reached a verdict?

22. On the creation of Reference Corpora McMenamin: addresses on letters Text messaging Suicide notes Police statements

23. The Linguist as Expert Witness Different interaction conventions Who is the addressee? ? A change in power relations via PowerPoint ? A revised system for giving expert evidence

24. Regulation of Expert Witnesses 1 An expert�s overriding duty is to the court and not the party calling him or her to testify A statement to the effect that the expert has complied with his/her duty to the court to provide independent assistance by way of objective unbiased opinion in relation to matters within his or her expertise and an acknowledgment that the expert will inform all parties and where appropriate the court in the event that his/her opinion changes on any material issues

25. Regulation of Expert Witnesses 2 CRFP: Council for the Registration of Forensic Practitioners The Forensic Science Regulator has recently proposed, amongst other things, that forensic providers, including expert witnesses, should be accredited by a recognised independent body to accepted standards Law Commission that there should be a new statutory test for determining the admissibility of expert evidence in criminal proceedings, which would apply whether the evidence is tendered by the prosecution or by the accused;

26. So Whither Forensic Linguistics? Academic training: e.g. Masters and UG courses Professional training: e.g. of police, interpreters, and ?lawyers and ??judges Professionalisation of expert witness work Collaborative team research with police, psychologists Increasing use of corpus and computational tools