Saturday, August 1, 2015
Forensic Linguistics
Forensic linguistics, legal linguistics, or language and the law, is the application of linguistic knowledge, methods and insights to the forensic context of law, language, crime investigation, trial, and judicial procedure. It is a branch of applied linguistics.
There are principally three areas of application for linguists working in forensic contexts:
-understanding language of the written law,
-understanding language use in forensic and judicial processes, and
-the provision of linguistic evidence.
The discipline of forensic linguistics is not homogenous; it involves a range of experts and researchers in different areas of the field.
The phrase forensic linguistics first appeared in 1968 when Jan Svartvik, a professor of linguistics, used it in an analysis of statements by Timothy John Evans. During the early days of forensic linguistics in the United Kingdom, the legal defense for many criminal cases questioned the authenticity of police statements. At the time, customary police procedure for taking suspects' statements dictated that it be in a specific format, rather than in the suspect's own words. Statements by witnesses are very seldom made in a coherent or orderly fashion, with speculation and backtracking done out loud. The delivery is often too fast-paced, causing important details to be left out. Early work of forensic linguistics in the United States concerned the rights of individuals with regard to understanding their Miranda rights during the interrogation process.[clarification needed] An early application of forensic linguistics in the United States was related to the status of trademarks as words or phrases in the language. One of the bigger cases involved fastfood giant McDonald's claiming that it had originated the process of attaching unprotected words to the 'Mc' prefix (referred to as McWords) and was unhappy with Quality Inns International's intention of opening a chain of economy hotels to be called 'McSleep.' In the 1980s, Australian linguists discussed the application of linguistics and sociolinguistics to legal issues.[citation needed] They discovered that a phrase such as ' the same language ' is open to interpretation. Aboriginal people have their own understanding and use of 'English', something that is not always appreciated by speakers of the dominant version of English, i.e., 'white English'. The Aboriginal people also bring their own culturally based, interactional styles to the interview.
Labels:
criminal justice
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