Exploring courtroom discourse : the language of power and by Anne Wagner; Le Cheng

By Anne Wagner; Le Cheng

This quantity offers a mix of useful, empirical learn information and theoretical mirrored image to supply a comparative view of language and discourse within the court docket. The paintings explores how a number of the disciplines of legislations and linguistics may help us comprehend the character of "Power and Control"--Both oral and written - and the way it would be clarified to resolve linguistic illustration of criminal truth. It provides and examines the newest study and theories at nationwide and overseas point. learn more... Contents: Foreword: strength of and to language in legislation, Deborah Cao; Language, strength and regulate in court discourse, Anne Wagner and Le Cheng; half I strength and regulate in Language: figuring out court docket conversation via cultural scripts, Kim McCaul; Witnesses on trial: deal with and referring phrases in US situations, Sarah Dettenwanger; (False) confessions turn into compelling at trial, Gillian Grebler; The position of metadiscourse in counsels' questions, Silvia Cavalieri; developing felony narratives: client-lawyer tales, vegetation Di Donato. half II strength and keep watch over in the back of Language: Magical pictures in legislation, Christine A. Corcos; the development of admissions of fault via American principles of proof: speech, silence and value within the felony production of legal responsibility, Janet Ainsworth; the development of fact in felony decision-making, Petrina Schiavi; Hidden consequences confronted through non-English audio system within the united kingdom legal justice approach: an reading standpoint, Roxana Rycroft; Language alternation in Kenyan and Malaysian courts, Richard Powell and Maya Khemlani David; where of arbitration in on-line court cases as a simulacrum, Joanna Jemielniak; Index

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Thus, for the government, there were two assistant US attorneys and four lawyers for the defense, two for each agent. While it was not necessary for each lawyer individually to examine and crossexamine witnesses, it did occur.

Barrister: I beg your pardon? Witness: It is still going through the waters. Barrister: You don’t say the waters is the women’s business, do you? Witness: I am saying the importance of the waters. Barrister: The importance of the waters is something to do with women’s business, is it? Witness: It very well could be, but it is important to the Ngarrindjeri culture because of the meeting of the waters. I didn’t want to say this, but the place of the waters relates to what we call—the Ngarrindjeri people call Ngatji, which is each clan group’s symbolic totem, so to speak.

Witness: Yeh. Barrister: AND YOU LIED TO THE COURT, TRYING TO, TO … YOU LIED TO THE COURT TRYING TO PUT ONE OVER THE COURT, DIDN’T YOU? Witness: No. Barrister: THAT WAS YOUR REASON, MR COLEY WASN’T IT? WASN’T IT? WASN’T IT, MR COLEY? Witness: Yeh. Barrister: YES. BECAUSE YOU WANTED THE COURT TO THINK THAT YOU DIDN’T KNOW THAT YOU COULD TELL THESE POLICE YOU WEREN’T GOING ANYWHERE WITH THEM. THAT WAS THE REASON, WASN’T IT? WASN’T IT? Witness: Yes. Barrister: Yes. (quoted in Eades 2004a, 171; capitals indicate raised volume) While the blatant harassment of minors in this and other transcript excerpts Eades provides is disturbing, on the basis of the fundamental value of advocacy on which the barrister’s practice is based, this kind of cross-examination is entirely logical.

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