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MODULE 12

WHAT IS FORENSIC LINGUISTICS?

UNIT 1. INTRODUCTION TO FORENSIC LINGUISTICS

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1.The study of the nature, structure, and variation of language, including phonetics, phonology, morphology, syntax, semantics, sociolinguistics, and pragmatics.

2.An interdisciplinary field of study that identifies, investigates, and offers solutions to languagerelated real-life problems. Some of the academic fields are education, linguistics, psychology, computer science, anthropology, and sociology.

3.The application of linguistic knowledge, methods and insights to the forensic context of law, language, crime investigation, trial, and judicial procedure.

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Voice identification, write the suspect’s statement in the words of the suspect, handwriting sample, interpretation of expressed meaning in laws and legal writings, second language acquisition, analysis of discourse in legal settings, the rhythm of the writing, take down notes, interpretation of intended meaning in oral and written statements, connecting strokes, authorship identification, police register, language teaching, trademark law, interpretation and translation, mother tongue teaching, the authenticity of police statements.

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1.Is forensic linguistics one of many developing disciplines in applied linguistics?

2.Does it draw on the scientific study of language to solve forensic problems?

3.Do applications of forensic linguistics include voice identification, interpretation of expressed meaning in laws and legal writings, analysis of discourse in legal settings, interpretation of intended meaning in oral and written statements (e.g., confessions)?

4.Are authorship identification and trademark law included in applications of forensic linguistics?

5.Is forensic linguistics helpful for judges, lawyers, jurors and witnesses?

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WHAT IS FORENSIC LINGUISTICS?

When Forensic Linguistics is referred to as an application of linguistics or, more concisely, an applied linguistic science, the word applied is not necessarily being used in the same sense as, for example, in the phrase applied statistics, where what is being applied is a theory underpinning a particular science to the practice of that science. 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 Forensic Linguistics is the interface between language, crime and law, where law includes law enforcement, judicial matters, legislation, disputes or proceedings in law. Given the centrality of the use 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.

Like almost all sciences it is not possible to say that Forensic Linguistics began at a specific moment in time. Questions of authorship have exercised minds since the times of the ancient Greek playwrights who not infrequently accused each other of plagiarism.

For a long period in English law a set of rules had been established regarding the interrogation of witnesses, in particular how statements were to be taken from them. These prescriptions were known simply as Judges’ Rules which laid down that suspects were to dictate their narrative to police officers, that police officers were not to interrupt suspects, and that questions were not to be asked of the suspect at the statement stage except for minor clarifications. In practice this almost never happened. Typically, a police officer would ask a series of questions, take down notes and then write or type the suspect’s statement, not in the words of the suspect, but in a form and pattern which police custom had long dictated. Thus, police statements contained phrases like ‘I then observed’, etc. This type of phrasing is not at all typical of how people speak, but rather reflects a way of phrasing which has come to be known as ‘police register’, itself an area of study within Forensic Linguistics. This was why in the early days of Forensic Linguistics, at least in the United Kingdom, many cases involved questioning the authenticity of police statements.

The first example of expert evidence being given from the witness box on this matter was at a murder trial at the Old Bailey in 1989, where Peter French, a forensic linguist, demonstrated the presence of police register in an incriminating statement the prosecution claimed was entirely in the words of one of the defendants.

In the US there were many Miranda cases, as they came to be known. On the face of it the provision of Miranda is a simple one: police officers are obliged to advise arrestees that they need not speak unless they wish to, that they are entitled to have a lawyer present, and that anything they say can be used against them in court.

Another early application of Forensic Linguistics in the United States related to the status of trademarks as words or phrases in the language. An early case involved a dispute surrounding an aspect of the brand name ‘McDonald’s’, owners of the multi-national fast food chain and Quality

333

Inns International who announced their intention of opening a chain of economy hotels under the name of ‘McSleep’. ‘McDonald’s’ claimed that the attachment of the ‘Mc’ prefix to many unprotected nouns, such as ‘Fries’ in ‘McFries’ ‘Nuggets’ in ‘McNuggets’, etc., barred Quality Inns from use of the ‘Mc’ prefix. In this case the plaintiff was not just claiming implicit ownership of a name, but over a morphological principle, namely the attachment of a particular prefix to any noun. The judgment was for the plaintiff’s and Quality International Inns were unable to launch their chain of motels under the ‘McSleep’ banner.

Surprising as it may seem, the thread which connects many of different forensic activities is authorship. Essentially, in considering the question of whether an individual dictated a statement, or whether a statement was in the words of its alleged speaker, analysts were actually asking the question ‘Who was the author of the statement attributed to X?’ In a broad sense to be an author is to possess the language you are using. It is the use of language to produce a text over which you as the author have control, and whose course you are free to direct.

In the years since Forensic Linguistics began to establish itself as a discipline its scope has grown considerably. From its beginnings as a means of questioning witness and defendant statements, linguists have been called on to give evidence in many different types of case, including authorship attribution in terrorist cases, product contamination cases and suspicious deaths; the interpretation of meaning in legal and other documents, the analysis of mobile (cell) phone text messages to establish a time of death.

(By John Olsson, Adjunct Professor, Nebraska Wesleyan University, Lincoln, Nebraska)

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1.In the phrase “applied statistics” the word “applied” means that the theory underpins a particular science to the practice of that science.

2.The application of linguistic knowledge to the legal settings is called forensic linguistics.

3.Linguistics is the interface between language, crime and law.

4.Forensic Linguistics is as old as other disciplines, such as fingerprint identification and shoeprint analysis.

5.Questions of authorship have exercised minds since the times of Ancient Greece.

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6.According to Judges’ Rules suspects were to dictate their narrative to police officers.

7.Police officers were to interrupt suspects for making different clarifications.

8.Typically, a police officer asks a series of questions, takes down notes and then writes or types the suspect’s statement in the words of the suspect.

9.In the USA police officers are obliged to advise arrestees that they need not speak unless they wish to, that they are entitled to have a lawyer present, and that anything they say can be used against them in court.

10.Nowadays we can easily have fast food at ‘McDonald’s’ and stay at a cheap hotel ‘McSleep’.

11.Different forensic activities are closely connected with authorship identification.

12.Today forensic linguists deal with authorship attribution in terrorist cases, product contamination cases and suspicious deaths.

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1.Forensic Linguistics is referred to as an application of linguistics.

2.The word applied is not necessarily being used in the same sense as, for example, in the phrase applied statistics, where what is being applied is a theory underpinning a particular science to the practice of that science.

3.Forensic Linguistics is, rather, the application of linguistic knowledge to a particular social setting, namely the legal forum.

4.For a long period in English law a set of rules had been established regarding the interrogation of witnesses, in particular how statements were to be taken from them.

5.These prescriptions were known simply as Judges’ Rules.

6.Police officers were not to interrupt suspects, and that questions were not to be asked of the suspect at the statement stage except for minor clarifications.

7.The first example of expert evidence being given from the witness box on this matter was at a murder trial.

8.In the US there were many Miranda cases.

9.Anything they say can be used against them in court.

10.In this case the plaintiff was not just claiming implicit ownership of a name, but over a morphological principle, namely the attachment of a particular prefix to any noun.

11.In a broad sense to be an author is to possess the language you are using.

12.It is the use of language to produce a text over which you as the author have control, and whose course you are free to direct.

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1.Forensic Linguistics is _____________ .

2.In its broadest sense Forensic Linguistics is ______________.

3.Judges’ Rules are ________________.

4.‘Police register’ is _______________.

5.Miranda caution is _______________.

6.The status of trademarks is ____________.

7.The thread which connects many of different forensic activities is ___________.

8.An author is ________________.

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The range of topics within forensic linguistics is diverse but the main research occurs in the following areas: the language of legal texts and the language of legal processes. The study of the language of legal texts encompasses a wide range of text types and forms of analysis. It includes analyzing the linguistics of documents as diverse as Acts of Parliament (or other law-making body), private wills, court judgments and summonses and the statutes of other bodies, such as States and government departments.

Linguists who work with the language of legal process examine language as it is used in cross-examination, evidence presentation, judge's direction, summing up to the jury, police cautions, 'police talk', interview techniques, the questioning process in court and in other areas such as police interviews, amongst other things. Linguists are also called to give expert testimony in a variety of types of cases both in local and international jurisdictions. The vast majority of cases where linguists are involved concern issues of linguistic competence. They provide evidence in trademark and other intellectual property disputes, identification of the author of anonymous texts (such as threat letters, mobile phone texts, emails), a suicide note, a ransom demand, identifying cases of plagiarism, tracing the linguistic history of asylum seekers, reconstructing mobile phone text conversations and a number of other areas.

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1.Forensic linguists have a considerable interest in the language of ____________ of witnesses and suspects.

2.Forensic linguists have been called to give expert testimony in a variety of types of cases across UK and _______________.

3.There are perhaps three main areas of _____________ for linguists working in forensic contexts; understanding language of the written law, understanding language use in

__________________ and the provision of linguistic evidence.

4.________________ often concern questions of when a trademarked term begins to be used generically.

5.There is an interest in the language of lawyers and witnesses during the interviews and

________________.

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6.Forensic linguistics deals with the study of any text or item of spoken language which has relevance to_______________, or which relates to what goes on in a court of law, or to the language of the law itself.

7.Forensic linguists give _______________ in a wide variety of cases, including authorship of

________________, the speech of a suspect at a police interview, reconstruction of a mobile phone text conversations, etc.

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All areas of linguistics are used in forensic applications: phonetics and phonology (including spelling), morphology, syntax, semantics, discourse analysis, pragmatics, stylistics, and interpretation and translation:

Auditory phonetics makes use of auditory methods of analysis for the discrimination and identification of speakers by victims and witnesses.

Acoustic phonetics analyzes speech using acoustic methods for speaker discrimination and identification by instrumental means.

Semantics focuses on the comprehensibility and interpretation of written and spoken language that is difficult to understand, e.g., consumer product warnings, jury instructions, trademarks, etc. Discourse analysis is the study of extended utterances, such as narratives and conversations of the type that takes place within the judicial process.

Pragmatics is the analysis of a speaker’s intended meaning in contexts of actual language use. Forensic linguists use the theoretical tools provided by discourse analysis and pragmatics to analyze the function of language used in specific contexts, such as dictation, conversations, hearings, questioning, and the language of specific speech acts, e.g., threats, promises, warnings, etc.

Stylistics examines cases of questioned authorship. Forensic applications of methods for determining authorship are related to cases requiring the linguist to determine (1) if all the writings in a questioned set were authored by one person, (2) if a questioned writing was written by one of a number of possible authors, or (3) if a questioned writing was or was not authored by one writer who is proposed as the suspect author based on external nonlinguistic evidence. All levels of language (sounds as represented by spelling, words, meaning, sentence grammar, and language use) are possible markers of writing style.

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Language of the law is concerned with assuring that the legal language of statutes and of legal and consumer writings be clear, brief, and simple, i.e., plain language.

Language of the courtroom studies courtroom discourse, including analyses of the language of witnesses, lawyers, and judges.

Interpretation of one spoken language into another is the object of studies on interpretation tasks specific to legal venues, e.g., questions and answers in testimony, pretrial interpretation, the role and task of the interpreter, etc.

Translation work relates to providing reliable translations of written material needed in legal proceedings.

UNIT 2. AUTHORSHIP IDENTIFICATION

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TEXT 2

AUTHORSHIP IDENTIFICATION

The language used in the questioned text or speech record is of great importance because each and every individual possesses certain characteristic features which will help to identify the geographical origin, age, occupation, sex, education, and religious background by the study of the language used in it. In recent years many researchers explored the area of authorship identification in electronic messages and proposed different classification techniques with multidisciplinary approach to identify the author of the unknown text with greater accuracy. Practical applications for authorship attribution have grown in areas such as intelligence (linking intercepted messages to each other and to known terrorists), criminal law (identifying writers of ransom notes and harassing letters), civil law (copyright and estate disputes), and computer security (tracking authors of computer virus source code). This activity is the part of a broader growth within computer science of identification technologies, including biometrics (retinal scanning, speaker recognition, etc.), cryptographic signatures, intrusion detection systems, and others. The main problem of author identification is the factor of anonymity, the individual tries to refrain the basic identity information i.e. gender, age, occupation etc.

Forensic authorship identification is accomplished through the analysis of style in written language, i.e. linguistic stylistics. Stylistics exploits the two principles of inherent variability in language: no two writers of a language write in exactly the same way, and no individual writer writes the same way all the time. Forensic stylistics is the examination of style in language for the purpose of resolving litigated questions relating to disputed authorship or meaning. Forensic stylistics has been presented as evidence in a wide range of legal cases, mostly concerning the identity of the author of a document. Forensic stylistic analysis makes use of stylistic analysis and reaches a conclusion and opinion related to the authorship of a questioned writing within the context of litigation. Stylistics is the scientific study of patterns of variation in written language. The object of study is the language of a single individual (idiolect), resulting in a description of his or her identifying linguistic characteristics.

Individuality in writing style results from a given writer’s own unique set of habitual linguistic choices. Identification and analysis of a writer’s choices, i.e., of his or her style-markers, constitute stylistic analysis, which is well established as a method of author identification in literary and forensic contexts.

Application of linguistics tools also extends the principles of psycholinguistics techniques to sketch the offender profile which can be used to identify anonymous letters writers and any person who makes written or spoken threats of violence. The field of psycholinguistics is concerned with the relationship between linguistics and the psychological processes. Linguistic features also help in

338

linking the individual motive (mens rea- “guilty mind”) by analyzing character styles and personality traits to understand or to predict criminal behavior. Analysis of the spoken or written words of the offender can greatly assist forensic scientists in identifying a perpetrator, as it can offer insight into the offender's age, race, gender, level of education, religious or spiritual beliefs, geographic and socioeconomic background, culture, and ethnicity.

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10) authorship attribution h) a feature or a feature set that distinguishes the writing style of a particular author or class of authors

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1. The linguist approaches the problem of questioned authorship from the theoretical position that every native speaker has their own distinct and individual version of the language they speak and write their own __________________.

2.A good understanding of ________________ is very important to the theory and practice of stylistics and authorship identification.

3.In adjudication of authorship, forensic linguists compare specific ________________ with a known group of writings from the suspect.

4.An important role in criminal ______________ is played by forensic linguistics/stylistics.

5.Linguists study the _________________ of documents given some prior stylistic characteristics of the author’s writing extracted from a corpus of known works, e.g., authentication of disputed documents or literary works.

6.In individual style, all __________________ come together to form a stylistic profile.

7.Forensic linguistics subjects written or spoken materials (or both) to scientific analysis for

________________, or determination of speaker.

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1.In recent years, practical applications for authorship attribution _____________.

2.This activity is part of a broader growth within __________________.

3.Forensic authorship identification is ______________.

4.Stylistics exploits the two principles of _____________.

5.Forensic stylistic analysis makes use of stylistic analysis (stylistics) to __________.

6.The object of study is ____________.

7.The field of psycholinguistics is concerned with _____________.

8.Analysis of the spoken or written words of the offender can greatly assist forensic scientists in

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1.Individuals have distinctive ways of speaking and writing, and there exists a long history of linguistic and stylistic investigation into authorship attribution.

2.Practical applications for authorship attribution have grown in areas such as intelligence (linking intercepted messages to each other and to known terrorists), criminal law (identifying writers of ransom notes and harassing letters) etc.

340