Language, the Law, and Forensic Linguistics

Author(s):  
Keith Walters
Keyword(s):  
2021 ◽  
Vol 4 (2) ◽  
pp. 255-264
Author(s):  
Ratminto Dwi Ananta

This research investigates a tragic murder case from Knives Out movie of Harlan Thrombey case, Harlan Thrombey was found dead horribly in his room by Fran. Fran was a servant in the Thrombey Family, and the investigator immediately investigated the case and emphasized the outline of the law, crime, language, and criminal cases in the field of forensic linguistics. This research aimed to describe Policespeak and Narrative Storytelling in Knives Out Movie Script (A Forensic Linguistic Perspective). The method used by the researcher is descriptive qualitative, the data source of the researcher is taken from the movie script and then collects every discovery through any existing data and analyzed by interpreting and describing the data. This result was to focus on how the police speak and narrative storytelling depicted in the movie “Knives Out 2019” by “Rian Johnson” was focused in terms of its forensic linguistics. In many investigative languages ​​that have not been revealed by the investigator in their interviews with each of the witnesses. This research describes the context of the data using Narrative and Storytelling and also how police detectives interview witnesses using Policespeak, including control over topic and interactional focus, establish motive, establish knowledge, rapport building, and control of topic navigation by interpreting and describing data using police speak and narrative storytelling theory to reveal the language of the police investigation. From the findings that Harlan Thrombey found died cause he was suicide, Harlan took the knife to kill himself however Harlan knew about which one will kill him by criminal, someone changed his morphine into overdoses and that was Ransom, his nephew.


2021 ◽  
Vol 45 (1) ◽  
pp. 61-92
Author(s):  
Michele Mannoni

AbstractThis study addresses the different types and implications of linguistic indeterminacy in Chinese law. It firstly draws on the studies of scholars of different disciplines, such as linguistics and philosophy of language, to provide a taxonomy of indeterminacy in language. It then provides examples of each type, highlighting the implications in law and legal interpretation. It uses linguistic data from various texts, such as statutory laws and judgements, and analyses them with various methods, including discourse analysis and corpus linguistics. This study argues that when the language of the law is indeterminate, the legal outcomes may be particularly uncertain. It suggests that although it is difficult to ascertain whether the degree of indeterminacy is higher in some languages more than in others, some linguistic mechanisms at the word-formation level in Chinese, such as portmanteaus and the modifier-modified structure, are remarkably ambiguous. When uncertain terms are in key parts of the law, the consequences may be more serious. The study of linguistic indeterminacy in Chinese has implications for the study of forensic linguistics, and Chinese studies in general.


Author(s):  
Taufiq Jati Murtaya ◽  
Sulis Triyono

To have a proportional rendition, an interpreter has to deal with the dilemmatic decision of technique employment. In fact, in a case of court interpreting there are a bunch of oppressive moments, since its impact is exclusively stroke on the hearings’ route; and generally in the law enforcement constitution. For that fundamental circumstance, this article links the perspectives to achieve the goal how the court interpreting should be held from the notion of one of the interpreting strategies, namely the omission and the conceptual perspective of forensic linguistics. Here, this article reviews some points of view from both sides; and scrutinizes what lies beneath so the findings are beneficial for the court interpreting practices and studies. This article articulates that the omissions are taken for the sake of the prosecution flawless systemic process. Thus, the interpreter should be aware of the nuance of the two main conditions of the witness examination session i.e. the examination-in-chief and the cross-examination. More importantly, the forensic linguistics considers this as the effort in a working condition of the court interpreter to keep the most proportional judicial atmosphere in balance in terms of symmetrical and asymmetrical relation. This article then proposes the significance of having more knowledge on forensic linguistics for a court interpreter in doing and learning court interpreting.


2018 ◽  
Vol 3 (1) ◽  
pp. 51-76
Author(s):  
Via Allison B. Del Rosario ◽  
Rachelle Ballesteros-Lintao

Abstract As majority of criminal cases in the Philippines are often challenged by the plight to obtain voluntary narratives from Children who are in Conflict with the Law (CICL) (National Police Commission, Department of the Interior and Local Government, Republic of the Philippines 2009. Adoption of the police manual on the management of cases of children in conflict with the law (CICL) and the simplified rules in the apprehension and investigation of CICL, Resolution No. 415.), and Forensic Linguistics being a relatively new field in the local setting, it is timely to assess the questioning strategies heavily relied upon by law enforcement officers in the investigative process. However, questioning strategies geared to address purely the investigations of children in conflict with the law has so far been hardly formally investigated. This study was aimed at examining the questioning strategies used in by the authorities in investigating adolescents accused of crime against property. Fifteen transcripts of audio-recorded investigative interviews from selected law enforcement authorities in Manila and Quezon City were analyzed vis-à-vis (Shepherd, Eric. 2007. Investigative interviewing: The conversation management approach. Oxford: Oxford University Press). Forms of Questions and (Gibbons, John. 2003. Forensic Linguistics: An introduction to language in the justice system. Malden, MA: Blackwell Publishing) Cognitive Interview (CI) frameworks. Based on (Shepherd, Eric. 2007. Investigative interviewing: The conversation management approach. Oxford: Oxford University Press) Shepherd’s framework, results yielded reveal that most officers employed counter-productive questions, i.e. abusive, intimidating, and aggressive techniques to prompt controlled confession from alleged youth offenders. The study also found that the investigative officers did not follow a specific interviewing structure in handling cases of alleged youth offenders. As the use of appropriate questioning techniques have been presented in the study, it is recommended that a pivotal redraft be made in police CICL interviewing manuals.


2015 ◽  
Vol 20 (3) ◽  
pp. 72-84 ◽  
Author(s):  
Paula Leslie ◽  
Mary Casper

“My patient refuses thickened liquids, should I discharge them from my caseload?” A version of this question appears at least weekly on the American Speech-Language-Hearing Association's Community pages. People talk of respecting the patient's right to be non-compliant with speech-language pathology recommendations. We challenge use of the word “respect” and calling a patient “non-compliant” in the same sentence: does use of the latter term preclude the former? In this article we will share our reflections on why we are interested in these so called “ethical challenges” from a personal case level to what our professional duty requires of us. Our proposal is that the problems that we encounter are less to do with ethical or moral puzzles and usually due to inadequate communication. We will outline resources that clinicians may use to support their work from what seems to be a straightforward case to those that are mired in complexity. And we will tackle fears and facts regarding litigation and the law.


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