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Language On Trial
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Book Synopsis Language and Power in Court by : J. Cotterill
Download or read book Language and Power in Court written by J. Cotterill and published by Springer. This book was released on 2003-10-14 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sociolinguists and lawyers will find insight and relevance in this account of the language of the courtroom, as exemplified in the criminal trial of O.J. Simpson. The trial is examined as the site of linguistic power and persuasion, focusing on the role of language in (re)presenting and (re)constructing the crime. In addition to the trial transcripts, the book draws on Simpson's post-arrest interview, media reports and post-trial interviews with jurors. The result is a unique multi-dimensional insight into the 'Trial of the Century' from a linguistic and discursive perspective.
Download or read book Trial Language written by Gail Stygall and published by John Benjamins Publishing. This book was released on 1994-11-10 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of Anglo-American legal discourse is the first comprehensive discourse analysis of American legal language in its prototypical setting, the trial by jury. With ethnographic data gathered in a civil jury trial, the book compares the discourse processing of the legal participants and the lay jurors in the trial.This study, examining an entire trial, finds that it is constraints at the level of a Foucauldian discursive formation that prevent lay understanding. Those constraints include the allocation of narrative speaking roles primarily to legal speakers in genres in which no sworn evidence is given, the suppression of narrative in ordinary witnesses, a set of restraints on witnesses' use of certain categories of evidentials, the legal topic originating in textual authority unknown to the lay participants, specific distribution of verb forms by legal genre, and a linguistic “burden” accompanying the legal “burden of proof” in the requirement that the lawyer of the moving party also use and explain technical legal terms to the jury at the same time as he or she presents evidence. All of these factors contribute to the incomprehensibility of legal discourse to lay auditors, resulting in the jury making their decision based on a commonsense script of the events precipitating the trial.The study concludes by arguing for a Foucauldian discourse analysis of institutional languages, a social theory powerful enough to account for the power and tenacity of these languages, where traditional linguistic explanation has failed.
Book Synopsis Language on Trial by : Plain English Campaign
Download or read book Language on Trial written by Plain English Campaign and published by Robson Books Limited. This book was released on 1996 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the forces that have made traditional legal language what it is today and suggests some reasoms why the law needs plain English. It also shows why most of its peculiarities are unnecessary.
Book Synopsis The Language of Jury Trial by : C. Heffer
Download or read book The Language of Jury Trial written by C. Heffer and published by Springer. This book was released on 2005-11-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on representative corpora of transcripts from over 100 English criminal jury trials, this stimulating new book explores the nature of 'legal-lay discourse', or the language used by legal professionals before lay juries. Careful analyses of genres such as witness examination and the judge's summing-up reveal a strategic tension between a desire to persuade the jury and the need to conform to legal constraints. The book also suggests ways of managing this tension linguistically to help, not hinder, the jury.
Book Synopsis Law and the Language of Identity by : Gregory M. Matoesian
Download or read book Law and the Language of Identity written by Gregory M. Matoesian and published by Oxford University Press, USA. This book was released on 2001 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Matoesian uses the notorious 1991 rape trial of William Kennedy Smith to provide an indepth analysis of language use and its role in that trial and the law more generally.
Book Synopsis Free Speech On Trial by : Richard A. Parker
Download or read book Free Speech On Trial written by Richard A. Parker and published by University of Alabama Press. This book was released on 2003-07-21 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes landmark free speech decisions of the Supreme Court while highlighting the issues of language, rhetoric, and communication that underlie them. At the intersection of communication and First Amendment law reside two significant questions: What is the speech we ought to protect, and why should we protect it? The 20 scholars of legal communication whose essays are gathered in this volume propose various answers to these questions, but their essays share an abiding concern with a constitutional guarantee of free speech and its symbiotic relationship with communication practices. Free Speech on Trial fills a gap between textbooks that summarize First Amendment law and books that analyze case law and legal theory. These essays explore questions regarding the significance of unregulated speech in a marketplace of goods and ideas, the limits of offensive language and obscenity as expression, the power of symbols, and consequences of restraint prior to publication versus the subsequent punishment of sources. As one example, Craig Smith cites Buckley vs. Valeo to examine how the context of corruption in the 1974 elections shaped the Court's view of the constitutionality of campaign contributions and expenditures. Collectively, the essays in this volume suggest that the life of free speech law is communication. The contributors reveal how the Court's free speech opinions constitute discursive performances that fashion, deconstruct, and reformulate the contours and parameters of the Constitution’s guarantee of free expression and that, ultimately, reconstitute our government, our culture, and our society.
Book Synopsis Variation, Versatility and Change in Sociolinguistics and Creole Studies by : John Russell Rickford
Download or read book Variation, Versatility and Change in Sociolinguistics and Creole Studies written by John Russell Rickford and published by Cambridge University Press. This book was released on 2019-01-24 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrates how data, methods and theories from sociolinguistics and creole studies synergize and mutually benefit each subfield.
Book Synopsis Redefining Trial by Media by : Simon Statham
Download or read book Redefining Trial by Media written by Simon Statham and published by John Benjamins Publishing Company. This book was released on 2016-06-14 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Redefining Trial by Media: Towards a critical-forensic linguistic interface applies a range of linguistic models to recast trial by media not as a sensationalist and infrequent phenomenon, but as a systematic and routine process. Using critical discourse analysis and cognitive linguistic models, this book builds a Spectrum of Trial by Media which views juries in criminal trials as moulded by ideological media-made constructions of crime. The role of these media constructions is enhanced by the isolation levied on jurors by the linguistic composition of trial language, and reinforced by the language strategies of legal professionals in court. Critically deconstructing media portrayals of crime and forensically examining the language of criminal proceedings, this book offers a redefinition of trial by media which casts the role of the press as much more prevalent in the courtroom trial than is presently appreciated.
Book Synopsis Linguistic Evidence by : William M. O'Barr
Download or read book Linguistic Evidence written by William M. O'Barr and published by Elsevier. This book was released on 2014-05-19 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the permission of a North Carolina court, more than 150 hours of courtroom speech were recorded for this study. These tapes provided a rich archive for a variety of different types of inquiry, including the ethnography of courtroom speech and social psychological experiments focused on effects of different modes of presenting information in courts of law. Four sets of linguistic variables and related experimental studies have constituted a major portion of the research: (1) "powerful" versus "powerless" speech; (2) hypercorrect versus formal speech; (3) narrative versus fragmented testimony, and (4) simultaneous speech by witnesses and lawyers. All four sets of studies focus on the central question of importance of form over content of testimony.
Book Synopsis Campus Hate Speech on Trial by : Timothy C. Shiell
Download or read book Campus Hate Speech on Trial written by Timothy C. Shiell and published by . This book was released on 2009 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ban it! the initial arguments for campus speech codes -- Wayne dick's plea: the critics fight back -- See you in court: the campus hate speech cases -- Hostile environment takes a front seat -- The attack on hostile environment -- And the verdict is -- The debate: 1998-2008.
Download or read book Trial Language written by Gail Stygall and published by John Benjamins Publishing. This book was released on 1994-01-01 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of Anglo-American legal discourse is the first comprehensive discourse analysis of American legal language in its prototypical setting, the trial by jury. With ethnographic data gathered in a civil jury trial, the book compares the discourse processing of the legal participants and the lay jurors in the trial.This study, examining an entire trial, finds that it is constraints at the level of a Foucauldian discursive formation that prevent lay understanding. Those constraints include the allocation of narrative speaking roles primarily to legal speakers in genres in which no sworn evidence is given, the suppression of narrative in ordinary witnesses, a set of restraints on witnesses' use of certain categories of evidentials, the legal topic originating in textual authority unknown to the lay participants, specific distribution of verb forms by legal genre, and a linguistic burden accompanying the legal burden of proof in the requirement that the lawyer of the moving party also use and explain technical legal terms to the jury at the same time as he or she presents evidence. All of these factors contribute to the incomprehensibility of legal discourse to lay auditors, resulting in the jury making their decision based on a commonsense script of the events precipitating the trial.The study concludes by arguing for a Foucauldian discourse analysis of institutional languages, a social theory powerful enough to account for the power and tenacity of these languages, where traditional linguistic explanation has failed.
Download or read book Just Words written by John M. Conley and published by University of Chicago Press. This book was released on 2019-05-10 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is it “just words” when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it “just words” when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or “multimodal,” communication in legal settings and law, language, and race.
Book Synopsis The Bilingual Courtroom by : Susan Berk-Seligson
Download or read book The Bilingual Courtroom written by Susan Berk-Seligson and published by University of Chicago Press. This book was released on 2017-05-23 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: “An essential text” that examines how interpreters can influence a courtroom, updated and expanded to cover contemporary issues in our diversifying society (Criminal Justice). Susan Berk-Seligson’s groundbreaking book presents a systematic study of court interpreters that raises some alarming and vitally important concerns. Contrary to the assumption that interpreters do not affect the dynamics of court proceedings, Berk-Seligson shows that interpreters could potentially make the difference between a defendant being found guilty or not guilty. The Bilingual Courtroom draws on more than one hundred hours of audio recordings of Spanish/English court proceedings in federal, state, and municipal courts, along with a number of psycholinguistic experiments involving mock juror reactions to interpreted testimony. This second edition includes an updated review of relevant research and provides new insights into interpreting in quasi-judicial, informal, and specialized judicial settings, such as small claims court, jails, and prisons. It also explores remote interpreting (for example, by telephone), interpreter training and certification, international trials and tribunals, and other cross-cultural issues. With a new preface by Berk-Seligson, this second edition not only highlights the impact of the previous versions of The Bilingual Courtroom, but also draws attention to the continued need for critical study of interpreting in our ever diversifying society.
Book Synopsis Incitement on Trial by : Richard Wilson
Download or read book Incitement on Trial written by Richard Wilson and published by Cambridge University Press. This book was released on 2017-08-18 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains why international criminal tribunals struggle to monitor inciting speech, and proposes a model of prevention and punishment.
Book Synopsis Speaking of Crime by : Lawrence M. Solan
Download or read book Speaking of Crime written by Lawrence M. Solan and published by University of Chicago Press. This book was released on 2010-08-15 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do so many people voluntarily consent to searches by have the police search their person or vehicle when they know that they are carrying contraband or evidence of illegal activity? Does everyone understand the Miranda warning? How well can people recognize a voice on tape? Can linguistic experts identify who wrote an anonymous threatening letter? Speaking of Crime answers these questions and examines the complex role of language within our criminal justice system. Lawrence M. Solan and Peter M. Tiersma compile numerous cases, ranging from the Lindbergh kidnapping to the impeachment trial of Bill Clinton to the JonBenét Ramsey case, that provide real-life examples of how language functions in arrests, investigations, interrogations, confessions, and trials. In a clear and accessible style, Solan and Tiersma show how recent advances in the study of language can aid in understanding how legal problems arise and how they might be solved. With compelling discussions current issues and controversies, this book is a provocative state-of-the-art survey that will be of enormous value to legal scholars and professionals throughout the criminal justice system.
Book Synopsis Language in the Legal Process by : J. Cotterill
Download or read book Language in the Legal Process written by J. Cotterill and published by Springer. This book was released on 2002-10-09 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Linguists and lawyers from a range of countries and legal systems explore the language of the law and its participants, beginning with the role of the forensic linguist in legal proceedings, either as expert witness or in legal language reform. Subsequent chapters analyze different aspects of language and interaction in the chain of events from a police emergency call through the police interview context and into the courtroom, as well as appeal court and alternative routes to justice. A broad-based, coherent introduction to the discourse of language and law.
Book Synopsis The Origins of Simultaneous Interpretation by : Francesca Gaiba
Download or read book The Origins of Simultaneous Interpretation written by Francesca Gaiba and published by University of Ottawa Press. This book was released on 1998 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first complete analysis of the emergence of simultaneous interpretation a the Nuremburg Trail and the individuals who made the process possible. Francesca Gaiba offers new insight into this monumental event based on extensive archival research and interviews with interpreters, who worked at the trial. This work provides an overview of the specific linguistic needs of the trial, and examines the recruiting of interpreters and the technical support available to them.
