scholarly journals On the Issue of Expert Terms in Forensic Linguistics

2020 ◽  
Vol 15 (1) ◽  
pp. 29-41
Author(s):  
V. О. Kuznetsov

The article addresses the problem of using a deliberative category of “expert terms” in forensic linguistics. The issue is related to the questions of the relations between the linguistic and legal terms standing for so-called speech offenses and the use of legal concepts when wording expert tasks and conclusions. Basing on the understanding of the concept “expert terms” of the general theory of forensic science and the provisions of the theory of expert terms of forensic psychology under which the expert terms hold the position between legal and basic sciences’ concepts, an attempt is made to contemplate theoretically the category of “expert terms” as applied to the forensic linguistics. The article also shows the algorithm for developing forensic linguistic terms depending on the wording of a legal provision on examples from expert practice.  

2021 ◽  
Vol 16 (1) ◽  
pp. 33-46
Author(s):  
V. O. Kuznetsov

Concepts are an integral part of a forensic activity forming a specific terminological system, determining forensic science’s metalanguage, distinguishing it from the related legal sciences: criminalistics and procedural law. The article aims to review the conceptual system of forensic science. The authors point out the heterogeneity of its terminological and conceptual systems, which results from the synthetic nature of this science. Based on the existing classifications of concepts and terms of the general theory of forensic science, a new classification is proposed, including not only traditionally recognized terms such as general and specific scientific, legal notions and special concepts of forensic expertology language, but also the so-called expert concepts: interdisciplinary, intermediate notions, obtained as a result of the transformation of basic sciences’s data. Interdisciplinary notions form the theoretical and conceptual framework for some kinds of forensic examinations, first of all, complex forensic psychological and psychiatric and forensic psychological examinations, which traditionally refer to them as ‘’expert’’. When used in quotation marks, the word ‘’expert’’ indicates the terms’ conditional character, indicating the scope of application and functioning of the concepts, contrasting them to the legal concepts of the same name and basic sciences’ categories.


2018 ◽  
Vol 13 (4) ◽  
pp. 24-27
Author(s):  
O. A. Krestovnikov

We know from experience that the language of the general theory of forensic science, like any science, is an extremely complex and diverse phenomenon. This language is characterized by specific “constructs” that arise as a result of specialized activity and can be effectively applied not only in the context of the conceptual theoretical framework of forensic science, but also by enforcement professionals in their daily practice. In order to ensure clarity, accuracy and accessibility of expressions in the language of the general theory of forensic science, to avoid polysemy of terms, vagueness and ambiguity of their content, and equivocality of expressions, special attention should be paid to the logical semantic processes in terminology inherent in this language. At the same time, questions need to be raised and addressed about the development of a general concept of terminological activity and the need to regulate and standardize both domestic and international terminology used in forensic expert practice.


Russian judge ◽  
2021 ◽  
Vol 2 ◽  
pp. 32-35
Author(s):  
Olga S. Zalivokhina ◽  

The article is devoted to a separate type of information processes of forensic science. The author reveals the essence, content and relationship of the processes of interpretation, communication and processing of information in relation to expert practice. It is concluded that it is necessary to develop the doctrine of the means and forms of communicative activity in the production of forensic examinations and information processes within the framework of the general theory of forensic examination.


2017 ◽  
Vol 12 (4) ◽  
pp. 6-11 ◽  
Author(s):  
S. A. Smirnova ◽  
T. N. Sekerazh ◽  
V. O. Kuznetsov

The paper looks at the increasingly pertinent issue of interdisciplinary analysis in forensic casework. Integrated psychological and linguistic evaluations in cases relating to extremism and terrorism prevention are used as an example to compare the possibilities of mono- and multidisciplinary analysis. A comprehensive (integrated) approach is demonstrated to have clearadvantages in application to the analysis of information materials. This approach helps to identify the special (linguistic, psychological, etc.) features of those language and psychological phenomenathat constitute the various aspects of the objective element of so-called «crimes of speech». The priority status of such evaluations has been highlighted by the Interdepartmental Commission forthe Prevention of Extremism in the Russian Federation. A integrated approach to the evaluation of information materials is actively implemented by forensic science organizations in other countries(Kazakhstan, Kyrgyzstan, Belarus and Uzbekistan)


2019 ◽  
pp. 48-57
Author(s):  
Nina Klymenko

The article deals with the concept of a general theory of forensic expertology, the conditions for its creation, the place of forensic expert science in the system of legal sciences, the limits of its subject matter, the issues of interaction and the relationship of the science of forensic science and forensic expertology. The system and structure of the general theory of forensic expertology and its tasks are given. Separate articles of the Criminal Procedure, Civil Procedure, Administrative, Economic, Customs and Other Codes of Ukraine, the Law of Ukraine “On Forensic Expertise” of 1994 and the constitutional confirmation (article 92, paragraph 14 of the Constitution of Ukraine) of the legislative provision of forensic expertise are the further legal basis development of legal, organizational and managerial directions of forensic expertology. Forensic expertology does not only preserves the “birthmarks” of forensic science, but also, in turn, influences the dialectics of the development of the subject of forensic science and the content of its scientific fields (forensic techniques, forensic tactics and forensic methos). In particular, it requires clarifying the well-established view of the unity of forensic techniques for the investigator and expert. The first is made to collect “trace information”, the second is used for its in-depth study based on special knowledge in order to turn it into evidence-based information. Different goals are provided with different means of content. It is more accurate to raise the question of interaction, the “docking” of two, although closely related, but independent branches of scientific and technical means serving justice. The tasks of the general theory of forensic expertise (expert studies) are similar to the tasks of forensic science. They can be divided into general and special. General task is the creation of a scientific base for the purpose of the functioning and development of the industry of the use of special knowledge in examinations for the needs of legal proceedings, assistance in the fight against crime and other offenses, resolution of civil law disputes. Special task is the study of the laws of formation and development of specific types of forensic expertises, the expansion of their capabilities; development and improvement of expert technologies, tools, methods and techniques; the formation of the scientific foundations of new types of forensic expertises in connection with the emergence of new objects (computer, art history, etc.); developing expert crime prevention measures; development of an automated workplace software (AWS) for an expert of various types of research, study and implementation of advanced expert experience; forecasting expert practice processes and research tasks. Specific tasks are the up-to-date tasks that the practice puts before so the science of expert science to meet the needs that have arisen. Key words: forensic expertology, forensic expertise, legal science, theory.


2020 ◽  
Vol 15 (2) ◽  
pp. 70-80
Author(s):  
M. V. Zhizhina

The study is a part of the research of the Russian Federal Centre of Forensic Science of the Ministry of Justice of the Russian Federation. It is the initial stage in the development of methodological recommendations for conducting forensic handwriting examinations of images of handwritten objects in digital photocopies of documents. The author has analyzed the current procedural legislation and judicial practice on the use of digital photocopies of documents in proof, as well as the modern expert practice of handwriting studies concerning the images of handwriting realizations presented in such copies. The analysis has shown that these forensic handwriting studies are being quite actively conducted in both judicial and extrajudicial examinations; however, they acquire the procedural status of evidence in the case. Though, the object remains outside the scope of expert methodological support and a comprehensive systematic review in the theoretical aspect. The author considers this practice unacceptable.The article reviews a complex of issues related to determining the properties and attributes of images – handwriting objects presented in photocopies of documents, their qualitative characteristics, and other factors essential for conducting forensic handwriting examinations and formulating relevant conclusions.


Author(s):  
Tina Overton

The aim of this work was to produce four web-based problem-solving activities in the areas of arson, drug smuggling, poisoning and horse doping. Much of the work was carried out by four MChem students as part of their final year projects. As these were students on chemistry programmes, the content was based within chemical analysis aspects of forensic science, with additional coverage of related areas such as, for example, fingerprinting, forensic psychology etc.


2021 ◽  
pp. 673-691
Author(s):  
L. Svyrydova

At the stages of preparing materials for conducting a forensic linguistic examination and in the process of research, problematic issues of a procedural and methodological nature arise, which are debatable due to the lack of regulation and the absence of systematic scientific theoretical research in the field of linguistic examination. The analysis of expert practice indicates the need for further developments in the field of forensic linguistic expertise, based on which the author makes proposals for improving the methods of authorship research and the development of directions for further research in the field of semantic and textual research. The author focuses on the need to carry out developments in the field of linguistic expertise, taking into account not only the current practice of conducting forensic linguistic expertise. Also taking into account the generalization of new literary sources, the number of which is increasing and the data of which are of interest to linguistic expertise from the point of view of analyzing emerging in the field of modern linguistics problems, as well as the socio-political situation in the country. Attention is drawn to the fact that the judicial and investigative authorities appoint linguistic examinations at almost all stages of the consideration of cases/proceedings or the investigation of offenses, and it is also becoming increasingly popular in connection with the appeals of individuals/legal entities. The data of the conducted research can serve as the basis for the creation of new directions of research in the field of forensic linguistic examination and contribute to the development of its theoretical and methodological foundations.


Author(s):  
Genoveva Marti

The ‘reference’ of an expression is the entity the expression designates or applies to. The ‘sense’ of an expression is the way in which the expression presents that reference. For example, the ancients used ‘the morning star’ and ‘the evening star’ to designate what turned out to be the same heavenly body, the planet Venus. These two expressions have the same reference, but they clearly differ in that each presents that reference in a different way. So, although coreferential, each expression is associated with a different ‘sense’. The distinction between sense and reference helps explain the cognitive puzzle posed by identity statements. ‘The morning star is the evening star’ and ‘The morning star is the morning star’ are both true, yet the sentences differ in cognitive significance, since the former may be informative, whereas the latter definitely is not. That difference in cognitive significance cannot be explained just by appeal to the references of the terms, for those are the same. It can, however, be naturally accounted for by appeal to a difference in sense. The terms ‘the morning star’ and ‘the evening star’ used in the first sentence, having different senses, present the referent in different ways, whereas no such difference occurs in the second sentence. The distinction between sense and reference applies to all well-formed expressions of a language. It is part of a general theory of meaning that postulates an intermediate level of sense between linguistic terms and the entities the terms stand for. Senses give significance to expressions, which in and of themselves are just noises or marks on a surface, and connect them to the world. It is because linguistic terms have a sense that they can be used to express judgments, to transmit information and to talk about reality.


Author(s):  
Ira K. Packer ◽  
Thomas Grisso

This chapter summarizes the legal knowledge domains that are relevant to forensic psychologists. It begins with an overview of the US legal system and then discusses legal concepts relevant to substantive areas of forensic practice, based on case law and statutes.


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