Languages & Linguistics
Forensic Linguistics
Forensic linguistics is the application of linguistic knowledge and methods to the analysis of language evidence in legal and criminal investigations. It involves examining written or spoken language to determine authorship, authenticity, and meaning, and can be used in areas such as identifying anonymous authors, analyzing threatening communications, and interpreting legal documents.
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11 Key excerpts on "Forensic Linguistics"
eBook - PDFForensic Linguistics
An Introduction To Language, Crime and the Law
- John Olsson(Author)
- 2008(Publication Date)
- Continuum(Publisher)
Forensic Linguistics is, rather, the application of linguistic knowledge to a particular social setting, namely the legal forum (from which the word forensic is derived). In its broadest sense we may say that Forensic Linguistics is the interface between language, crime and law, where law includes law enforcement, judicial matters, legislation, disputes or proceedings in law, and even disputes which only potentially involve some infraction of the law or some necessity to seek a legal remedy. Given the centrality of language to life in general and the law in particular, it is perhaps somewhat surprising that Forensic Linguistics is a relative newcomer to the arena, whereas other disciplines, such as fingerprint identification and shoeprint analysis, are much older, having a well-established presence in judicial processes. The application of linguistic methods to legal questions is only one sense in which Forensic Linguistics is an application of a science, in that various linguistic theories may be applied to the analysis of the language samples in an inquiry. Thus, the forensic linguist may quote observations from research undertaken in fields as diverse as language and memory studies, Conversation 3 Forensic Linguistics Analysis, Discourse Analysis, theory of grammar, Cognitive Linguistics, Speech Act Theory, etc. The reason for this reliance on a broad spectrum of linguistic fields is understandable: the data the linguist receives for analysis may require that something is said about how the average person remembers language, how conversations are constructed, the kinds of moves speakers or writers make in the course of a conversation or a written text, or they may need to explain to a court some aspects of phrase or sentence structure.
eBook - ePub- Norbert Schmitt, Michael P.H. Rodgers, Norbert Schmitt, Michael P.H. Rodgers, David Coulson, Jonathon Clenton(Authors)
- 2019(Publication Date)
- Routledge(Publisher)
International Journal of Speech, Language and the Law , annual summer school International Summer School in Forensic Linguistic Analysis, research centres (e.g., Centre for Forensic Linguistics, Aston University), and a constantly increasing number of study programs on offer (e.g., Aston University, University of Cardiff, Hofstra University). In its broadest sense, Forensic Linguistics is the study of language in legal and investigative settings. The field can further be categorized into three overlapping areas (Coulthard and Johnson, 2010; Coulthard et al., 2011; Perkins and Grant, 2013; Oxburgh et al., 2016b):- investigative Forensic Linguistics (e.g., comparative authorship analysis, sociolinguistic profiling, determining disputed meaning, analysing disputed interactions, trademark and copyright infringement, plagiarism, deception detection, language analysis for the determination of origin, native language identification);
- the study of the written language of law (e.g., readability and comprehensibility of legal language, ambiguity in legal language, interpreting legislation, issues in legal translation, language policy);
- the study of communication in the legal process (e.g., police interviewing techniques, courtroom discourse, vulnerable victims/witnesses, legal-lay communication, court interpreting).
The three streams often focus on all levels of linguistic analysis (i.e., lexis, grammar, syntax, discourse), while drawing on general linguistics and applied linguistic studies (sociolinguistics, pragmatics, discourse analysis, psycholinguistics, conversation analysis, first/second language acquisition) as well as non-linguistic disciplines (law, criminology, psychology, forensic sciences). Given the interdisciplinarity and breadth of topics, the wider field of Forensic Linguistics and language and the law aims to enhance access to justice through the provision of linguistic expertise in criminal and civil cases, impact best practices in the legal sphere, and improve communication in legal and investigative settings. This chapter presents recent developments in all three streams while placing more emphasis on the latter area, i.e., communication in the legal process, as it is closely related to pedagogical implications of applied linguistics and the main focus of this edited collection, thus strengthening intersections with other chapters.
eBook - PDFForensic Science and Law
Investigative Applications in Criminal, Civil and Family Justice
- Cyril H. Wecht, John T. Rago, Cyril H. Wecht, John T. Rago(Authors)
- 2005(Publication Date)
- CRC Press(Publisher)
In one aspect, Forensic Linguistics examines the way language functions within the legal context. Such an approach has produced studies of trial language, jury instructions, the language of judges, warning labels, and multilingualism in court (Berk-Seligson, 1990; Levi and Walker, 1990; Dumas, 1990, 2004; Solan, 1993; Gibbons, 1994, 2003; Cotterill, 2004). In another aspect, Forensic Linguistics produces methods for determining the answers to the kinds of questions which investigators and attorneys ask, the kinds of questions that focus on investigative leads and identification. As a result of responses to these questions, Forensic Linguistics is often associated with linguistic profiling, discourse analysis, and authorship attribution. Linguistic profiling deduces demographic characteristics (gender, age, race, education, geographic location, religious orientation, occupation, etc.) from linguistic features in a document. Theoretically, linguistic profiling applies sociolinguistic research about the lin-guistic performance of demographic subpopulations. For instance, Shuy (2001) describes how a large database project in American English, the Dictionary of American Regional English , has been exploited in linguistic profiling. Different groups can be identified by lin-guistic features because clearly defined datasets of one dialect group can be compared to that of another dialect group; a person who exhibits such dialectal features can then be identified as a member of that particular group. Clearly defining subpopulations is a difficult task. For instance, the demographic feature “gender” is not obviously marked by particular linguistic features; rather, some scholars have argued that linguistic features associated with gender in early research are actually associated with powerlessness — a state of being for both men and women at certain points in life.
- Isabel Picornell, Ria Perkins, Malcolm Coulthard, Isabel Picornell, Ria Perkins, Malcolm Coulthard(Authors)
- 2022(Publication Date)
- Wiley-Blackwell(Publisher)
FORENSIC LINGUISTIC CASEWORK Traditionally, forensics has been defined as relating to the legal (civil or criminal) field, or a legal context setting. This association can be seen with other fields that contain the term “forensic” in their name, such as forensic sciences or forensic psychology. The self-definitions of such fields virtually always highlight their application within legal settings. For example, the stated aim of the American Academy of Forensic Sciences is to “advance science and its application to the legal system” (American Academy of Forensic Sciences, n.d.); the British Academy of Forensic Sciences defines forensic sci- ence as “the application of science to the law, both civil and criminal” (British Academy of Forensic Sciences, n.d.). The question arises as to whether it is the data, the analysis, or the application that makes a linguistic analysis forensic. Much valid work considered to be forensic linguis- tics would not immediately fall under the legal association of “forensic”. Areas of work such as understanding the language of mis- or disinformation or influence and radi- calization for defense and security purposes do not have such a clear and direct legal association, yet they may easily be considered forensic. In dictionaries, the word casework is normally associated with social work involv- ing an individual’s personal history or circumstances (e.g., OED third edition, 2014). In the context of Forensic Linguistics, analysts also apply their skills, experience, and knowledge to direct considerations of a particular personal situation. However, rather than relating to information on the personal circumstances of a specific individual or group, it instead relates to language data, created by individuals or groups, that is examined in investigatory situations. 4 Methodologies and Challenges in Forensic Linguistic Casework The requirement for forensic linguistic expertise is one that arguably evolved from necessity.
eBook - PDFWorking in Language and Law
A German Perspective
- H. Kniffka(Author)
- 2007(Publication Date)
- Palgrave Macmillan(Publisher)
This results from the fact that in many real life forensic cases these three auxiliary sciences are involved together, not infrequently giving a helping 28 Working in Language and Law hand and supporting the work of the other fields to a considerable degree. It is merely a matter of definition whether one would consider phonetics a branch of linguistics or not, but this is of no relevance here. One can consider forensic phonetics, Forensic Linguistics and forensic handwriting analysis as three autonomous, independent sciences, which work in close theoretical, methodological and practical contact and cooperation. The differences and interrelations between the three will be elaborated on below. As has been discussed time and again (see, for example, Kniffka 1981; 1990b; 1996a; 1998; Levi 1982; Levi and Walker 1990; Shuy 1993a; 1998a), Forensic Linguistics in the most generally accepted definition is but one branch or subfield of the wide field of “language and law” (see Levi 1982). Some people use the term “Forensic Linguistics”, in a very wide definition, nearly synonymous with “language and law”. For the description of inter- and trans-disciplinary relations envisaged here, a much narrower perspective has been chosen. If Forensic Linguistics is roughly defined as linguistic experts’ analyses of language data for a multitude of purposes and addressees, including in and pro foro, only one out of several branches of Forensic Linguistics has been chosen for comparison here; the area of forensic linguistic “anonymous authorship analysis” or, as it is more commonly known in the English-speaking world, forensic linguistic “authorship attribution”. A simplified illustration of some basic structures and interrelations is given in Figure 1.1, for the field of linguistics, and in Figure 1.2, for Forensic Linguistics within the entire field of auxiliary forensic sciences.
- Christopher N. Candlin, Srikant Sarangi, Christopher N. Candlin, Srikant Sarangi(Authors)
- 2011(Publication Date)
- De Gruyter Mouton(Publisher)
It may be sobering to realize that most of the senior forensic linguists in the world (see the books cited throughout this chapter) have never taken a single course in Forensic Linguistics. They are linguists who happen to use linguistics theory and research on the data and problems of law cases. Some of them teach individual Forensic Linguistics courses in which they show students how to do this but there appears to be no need to call it a separate field of study. To be sure, there are things to learn about how to write reports and testify in law cases but hardly enough to justify actually courses in these things. Books and articles are available to guide the learner. At any rate, working closely with an attorney usually provides much of the information and skills required to do this work. 7. Conclusions Since Forensic Linguistics began to arrive on the screen of applied linguistics, it has been developing at a rapid rate, dealing with linguistic aspects of statutory interpretation and legal procedures, courtroom language use, and the written and spoken language evidence of law cases. The relationship of language and law poses both some similar and some different issues for applied linguists. Sometimes the data are frustratingly sparse and sometimes overwhelmingly large, posing different challenges for the application of conventional linguistic tools. But one factor takes precedence: the forensic linguist must be, first of all, a well trained linguist who is able to preserve a neutral and objective stance in a field in which advocacy for one side or the other dominates the scene. Even the role, style, and content of teaching varies considerably with the “students” to be instructed (lawyers on opposite sides, judges, and juries). And many problems are yet to be resolved in forensic linguistic practice, primarily in the areas of public misperceptions, maturation, and ways to train future forensic linguists in this field.
eBook - PDFLegal Linguistics Beyond Borders: Language and Law in a World of Media, Globalisation and Social Conflicts.
Relaunching the International Language and Law Association (ILLA).
- Friedemann Vogel(Author)
- 2019(Publication Date)
- Duncker & Humblot(Publisher)
Rieber / Stewart’s (1990) collection of articles on linguistic experts in court also spoke of “Forensic Linguistics” in the courts. The initial scarcity of the term “Forensic Linguistics” does not reflect an act of re-bellion against a movement to define a field. In fact, there barely was a field and noth-ing to rebel against. Rather, these were all linguists, well-trained and accomplished to various extents depending upon their age and experience, excited to see their training put to use in a way far more practical than they had anticipated when they enrolled in graduate school. The field has now matured with books bearing titles that include the words “for-ensic linguistics,” biennial and regional conferences of IAFL, the journal begun in 1994 now in its 26 th year, and articles galore. Students can now study forensic linguis-tics at the graduate level in several programs around the world. Yet the term continues to cause discomfort in some who study issues of language and law that do not involve court testimony. In much of continental Europe, the term “legal linguistics” predominates, with “Forensic Linguistics” being limited to the use of linguistics in court cases. Other researchers (including myself) continue to speak of “language and law” without either designation. People engaged in translation stud-ies, multilingualism, semiotics, philosophy and other such disciplines are less likely to self-identify as forensic linguists, notwithstanding the efforts of the forensic move-ment to become all-inclusive as an umbrella term (Gibbons 2003). Lexis searches of both cases and law journal articles shows the shift in terminology from “legal linguis-tics” to “Forensic Linguistics” in the US. The formation of graduate programs in Forensic Linguistics has, to my mind, been a mixed blessing. On the positive side of the ledger, it has led to a healthy increase in the number of people in the field, creating all kinds of opportunities for dialogue.
eBook - PDF- Ruth Wodak, Barbara Johnstone, Paul E Kerswill, Ruth Wodak, Barbara Johnstone, Paul E Kerswill(Authors)
- 2010(Publication Date)
- SAGE Publications Ltd(Publisher)
The CSI factor has left us with hordes of eager but underqualified graduates, keen to scale the perimeter fence of forensic science, and we are about to take away the border guards ( Independent , 22 March 2009). The challenges of working as a forensic practi-tioner are considerable. Taking academic knowl-edge of linguistics and applying it to a context where an analysis has significant consequences is both challenging and rewarding. It is necessary but not sufficient to have real expertise in linguistics, and to be able to apply that expertise imaginatively to sets of data which can be small, selective and in a variety of ways imperfect. It is easy to be led to conclusions by adversarial bias, or by a real moti-vation to help victims of horrific crimes or to pre-vent potential miscarriages of justice. Charlatanry may be a real danger but there are insidious dan-gers to even the competent linguist. Forensic Linguistics is, however, not only restricted to the practice, i.e. the provision of evi-dence for investigative or legal processes; linguists also have much to contribute in studying and understanding these contexts. Through the aca-demic study of language and the law, and language used in legal processes, linguists can help provide a greater understanding of these contexts and enhance the likelihood of justice being served. NOTE 1 A recent resolution of the International Association for Forensic Phonetics and Acoustics refers to the methodology used in those early cases as ‘without scientific foundation’, and recommends that ‘it should not be used in forensic casework’ (www.iafpa.net/voiceprintsres.htm). REFERENCES Ainsworth, J. (2010) ‘Curtailing coercion in police interroga-tion: the failed promise of Miranda v. Arizona ’, in M. Coulthard and A. Johnson (eds), Handbook of Forensic Linguistics . London: Routledge, 111–25. Aldridge, M. and Wood, J. (1998) Interviewing Children: A Guide for Child Care and Forensic Practitioners.
- Marlis Hellinger, Anne Pauwels, Marlis Hellinger, Anne Pauwels(Authors)
- 2008(Publication Date)
- De Gruyter Mouton(Publisher)
Forensic Linguistics 429 14. Forensic Linguistics John Gibbons 1. Introduction Applied linguistics is an academic field in which real world language prob-lems and issues are addressed. There are two major parts to this: first the analysis of a language issue and possible remedies, and second an attempt to tackle it; I refer to these as the “reflection” and “action” stages. The reflection stage often includes a broad survey of a particular area of social life, before fo-cussing down on those areas where problems and issues arise, and then dis-cussing a range of possible ways of handling them. The broad survey ap-proach, typified in the work of continental Europeans such as Bourdieu and Passeron (1990), is a critical first step which contextualises all that follows. The focus on particular social problems has become a particular concern of critical linguistics in recent years. Critical analysis has a better chance of achieving positive outcomes if it leads to concrete solutions, so the “action” stage, the discussion and analysis of practical remedies, is also part of the re-sponsibility of the applied linguist. The more technical “action” stage includes developing, trialling, implementing and evaluating measures to address the is-sues, and involves the eclectic use of information, theory and practical pro-cedures from wherever they are available. It is of course the case that there are few language issues where we achieve a full resolution; applied linguists – like all scholars – are involved in a continual process of striving, often making progress, but rarely fully attaining. When this framework is applied to legal systems, it reveals a myriad of lan-guage issues and problems, and only limited attempts to address them. 2. Legal systems The legal systems of the world can be classified roughly into four types (David and Brierly 1985). Locally based “Traditional” systems are found in cultures around the world.
eBook - PDFLanguage and Online Identities
The Undercover Policing of Internet Sexual Crime
- Tim Grant, Nicci MacLeod(Authors)
- 2020(Publication Date)
- Cambridge University Press(Publisher)
Contexts for Linguistic Investigative Advice This chapter examines how forensic linguists can support police investi- gations in online crime, setting out the legal contexts and purposes for which linguistic analysis can be used. Discussion of investigative Forensic Linguistics can sometimes appear to be narrowly focussed on forensic authorship analysis as used as evidence in Court. While it is true that authorship analysis is a core practice, there are other forms of assistance that forensic linguists can offer, and not all involve analyses which result in the provision of evidence. Here, we address three tasks in which investi- gative linguistics assistance can help improve the delivery of justice: ■ comparative authorship analysis ■ author search and sociolinguistic profiling ■ online identity assumption. The first two tasks might be considered more expected or even traditional tasks for the investigative forensic linguist. The final task, which we refer to as authorship synthesis, is clearly the main focus of this book. For each task we review the legal context, but also ask how the linguist engaging in these contexts can best assist the Courts or an investigation. In particular we ask what are the roles or purposes for linguistic analyses in these contexts, and thus determine what aims the investigative linguist should adopt if asked to assist. Forensic authorship analysis can be broadly conceived as dividing into two areas of activity: comparative authorship analysis and sociolinguistic profiling. For comparative authorship analysis the matter of whether the texts come from online interactions or elsewhere does not affect the principles for analysis. There may be differences between online and offline communications – for example, there may be a need to adjust methods to deal with more dialogic rather than monologic texts in the online space – but, in general, methods and approaches can remain largely the same.
eBook - PDF- John Baugh(Author)
- 2018(Publication Date)
- Cambridge University Press(Publisher)
2 Linguistics, Life, and Death 2.1 The Birth of Forensic Linguistics The birth of Forensic Linguistics happened completely by accident. Professor Roger Shuy, a well-known sociolinguist of considerable distinction, happened to be seated next to an attorney during a flight from Washington, DC, to Dallas, Texas, in 1979. The attorney was working on a case and Professor Shuy asked him what he was doing, initially assuming the man might be a minister who was preparing a sermon. The men exchanged salutations and confirmed their respective professions. Every professional linguist knows well that as soon as a stranger learns of our expertise, they routinely make some observation about language in one form or another. Some people express concern about their grammar, or unique aspects of their specific dialect or accent, while others immediately assume that every linguist is multilingual. This was not the case during the flight that Professor Shuy took to Dallas on the day in question; Professor Shuy explained that he specialized in sociolinguistics and, as such, that he evaluated tape-recorded conversations. In response the attorney began to ask questions about the nature of his work and suggested that Professor Shuy might be helpful to one of his colleagues, who was involved in an ongoing murder trial that relied heavily on extensive video and audio recordings made by the FBI. They were investigating a murder-for-hire case that accused Cullen Davis, a flamboyant Texas millionaire, of attempting to hire a hit man to kill his former wife and the judge who was overseeing the Davis divorce case. It was alleged that Mr. Davis suspected that his former wife was romantically involved with the judge, and that Davis hired one of his employees – a salesman named David McCrory – to spy on them and document any instances where they were together. However, Mr. McCrory told the FBI an entirely different story, according to Professor Shuy; he claimed that Mr.
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