Derin, Evizareza, Deliani, & Hamuddin (2019) .Edited
Derin, Evizareza, Deliani, & Hamuddin (2019) .Edited
Abstract: What marked forensic linguistics as unique is its young age compared to other disciplines. Here
we review and collected 88 articles that strongly related to Forensic Linguistic (FL) from time to time.
These articles help to reveal from its conceptualisation in 1968 to its fame in 1988, how it responds to the
great diversity of people, and what form it may take in the future. A literature-based analysis as library
research in nature helps in defining the FL issue and manage to see in the early stages was merely
concerned about the use of language in legal cases. As society continues to change, FL has linked with so
many other disciplines besides law. Therefore the definition of this discipline may also transform.
Presently, FL no longer limits itself to the particular social setting of a courtroom but could be applied to
the virtual world or cyberspace influences users negatively and dynamically developed. There is a line of
proof that FL will be used to prevent and predict the social settings between citizens who could easily be
not law-abiding as they seem. Shortly, the use of FL will be much more accessible to individuals through
artificial intelligence (AI). Moreover, individuals will no longer need to hire experts and be able to use FL
with freely available artificial intelligence (AI).
Studying language as a human activity scientifically is called linguistics [3]. When applied to a
particular social setting, in this case the legal forum, it is termed forensic linguistics (FL) by Jan
Svartvik who published his analysis of Timothy Evans’ four statements in 1968, in which he
concluded that the man was lying about his confession of strangling his wife and infant daughter
in 1949 [79]. Scholars from various countries have also published papers involving the use of
language in legal cases [48] but they were not under any specific academic discipline involving
speech and the law prior to Jan Svartvik’s conceptualization of FL, and even after then [21],
[72], [73], but some studies rose to defend the discipline, such as the famous discourse analyst
Professor Malcolm Coulthard [18], [19]. Compared with other branches of applied disciplines,
and considering “the centrality of the use of language to life in general and the law in particular”
[56], FL is relatively young. However, over the next 30 years FL reached maturity as an
academic discipline in early-1990s due to FL seminars taking place, and by mid-1990s the need
for journals was felt, and the International Association for Forensic Phonetics (IAFP), Forensic
Linguistics: The International Journal of Speech, Language and the Law, and International
Association of Forensic Linguists (IAFL) were established [5].
1. Forensic Linguistics in the Early Stages
The birth of FL started in two ways: in 1966 in the United States (US) when the ‘Miranda
Rights’ or ‘Miranda Warning’ was created in light of the violation against Ernesto Arturo
Miranda’s Fifth and Sixth Amendment rights [53], and in 1968 in the United Kingdom (UK)
when Jan Svartvik proved that language itself could be forensic evidence [79]. Before both
events, early FL in the US and UK were focused on police statements because back then the
guide for police practices known as the Judges’ Rules was to have suspects dictate their narrative
to the police, and police officers neither allowed to interrupt nor question suspects except for
minor clarifications [35]. Dr John Olsson, who has extensive experience in British, American
and Australian courts, made it known to the world that actual interrogation seldom practised
these rules. Police officers would ask suspects numerous questions and write down their answers
in a form and pattern that the police officers' register instead of the suspects actual words because
people don’t speak in a coherent narrative since "they speak too fast, omit important details,
speculate aloud, they backtrack, and so on” [56]. Because witness' words were taken in through
the words of the police rather than their own, initial focus of language and law scholars was on
the authenticity of police statements. After FL became known, the focus shifted to the witnesses’
themselves, bringing light to many issues regarding the stages of criminal or legal proceeding
[56] that attracted the attention of scholars all over the world.
FL finally enters the limelight in 1988 when Germany’s Federal Criminal Police Office
(Bundeskriminalamt) organised a two-day FL conference and pioneered the phonetic-acoustic
method of speaker identification [5]. France hosted their FL conference in 1991, then Britain in
1992, and FL finally reached international level academic discipline when Australia held a
meeting in 1995, and the US held one in 1997 [5]. In late-1990s universities began teaching FL,
but many countries still could not provide formal schooling in the discipline. Thus a discourse
analyst from Birmingham University, Professor Malcolm Coulthard, filled this gap by delivering
international summer schools in FL [5]. As FL became better established, linguists became more
involved in the criminal and legal proceedings.
Narrowing the focus on the involvement of linguists in a legal forum, there are three
stages in a legal proceeding where linguistic knowledge may be needed: investigative, trial, and
appeal stages [55]. Linguistic analysis is usually confined to the first stage where the first to be
noted and investigated are ransom notes, specific threat letters, mobile (cell) phone text
messages, suicide notes, the victims and suspects' speaking style, and behaviour [55]. Rarely will
linguists be called to the trial stage where fact and relevant law is examined in court [70], but
when one in many linguists is called, they are inquired to analyse authorship, threat,
interpretation, and construction of text [55]. But the appeal is widespread to be launched
immediately after a defendant is convicted, and linguists are typically needed to assist in solving
a dispute about wording, interpretation, or authorship of a statement or confession [55].
Despite FL’s increasing involvement in the legal forum, the legal system is “linguistically
naïve and vulnerable” [43], both by the law enforcers and the people themselves. A recurring
issue has to do with the fact that Miranda Rights are very popular in usage in the media, making
people familiar with them but Miranda Rights in fiction is very different from its actual usage
and function in real life, and this “frequent erroneous assumption may influence court rulings”
[62]. It also became known that suspects may not understand their rights despite being read by
the police, that "I understand" doesn't necessarily mean that they know, but they say that they do
[56]. Sometimes people may not even understand English or unable to hear or speak — thus
‘interpreter’ came to existence in the late twentieth century [76]. Yet even interpreters are not the
ideal solution for different language speakers or non-speaking people because in practice
interpreters "maintain the content of the speech but not the style, thus altering the effect on the
listeners," making the court judge the witness or suspect by the interpreter’s speaking style than
the witness or suspect's method [61]. Interpreters themselves often hesitate due to “translation
difficulty, thought process, doubt, preface to a pause, backtracking, grammatical or
pronunciation error” [33] making the court misjudge the convincingness and confidence of the
witnesses or suspects' exact words [40].
Additionally, lawyers and linguists don’t always see eye-to-eye, with lawyers and judges
questioning the need for linguistic testimony — in one case even telling a linguist “Surely there
are only two kinds of English: correct English and incorrect English?” — and linguists noticing
how lawyers frequently use vague expressions to protect their clients and that language of the
law is often archaic [55]. For example, the law states confession and questioning must be
voluntary and not coercive, but Professor Roger Shuy brought to light that “an arrestee is hardly
in a position to agree voluntarily to being questioned” and “the very nature of questioning is
coercive” [71]. Thus the meaning of the words ‘interrogation’ and ‘voluntary’ had to be
scrutinised. Eventually, the law itself is subject to questioning because language is needed to
frame the law and understand the law [55], yet despite being a newcomer in academics, FL
quickly rushed to clarify and provide a better understanding of the language of the legal process
[17].
4. Conclusion
At first, forensic linguistics narrowed in court proceedings, and even then mostly limited to the
investigative stage, which happens after a crime has been discovered or reported. The early
stages were concerned with the use of language in legal cases. As of now, people favour being
anticipatory rather than reactionary, so FL no longer limits itself to the particular social setting of
a courtroom, but could be applied to the virtual world where terrorist deals or fake publications
fraud occurs and content in cyberspace influences users negatively, the classroom where physical
and cyberbullying are frequent events and plagiarism almost a feature, and regular social settings
between citizens who could easily be not so law-abiding as they seem and potentially threatens
national and international security. Forensic linguistics has linked with so many other disciplines
besides law; it can be defined as the study of identifying the language used by humans for the
purpose of preventing factors that breed or influence crime and solving legal cases.
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