Trial Language
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Trial Language
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Author : Gail Stygall
language : en
Publisher: John Benjamins Publishing
Release Date : 1994-11-10
Trial Language written by Gail Stygall and has been published by John Benjamins Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-11-10 with Language Arts & Disciplines categories.
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.
The Language Of Jury Trial
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Author : C. Heffer
language : en
Publisher: Springer
Release Date : 2005-11-01
The Language Of Jury Trial written by C. Heffer and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-11-01 with Language Arts & Disciplines categories.
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.
Language On Trial
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Author : Plain English Campaign
language : en
Publisher: Robson Books Limited
Release Date : 1996
Language On Trial written by Plain English Campaign and has been published by Robson Books Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
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.
Language And The Right To Fair Hearing In International Criminal Trials
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Author : Catherine S. Namakula
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-10-07
Language And The Right To Fair Hearing In International Criminal Trials written by Catherine S. Namakula and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-07 with Law categories.
Language and the Right to Fair Hearing in International Criminal Trials explores the influence of the dynamic factor of language on trial fairness in international criminal proceedings. By means of empirical research and jurisprudential analysis, this book explores the implications that conducting a trial in more than one language can have for the right to fair trial. It reveals that the language debate is as old as international criminal justice, but due to misrepresentation of the status of language fair trial rights in international law, the debate has not yielded concrete reforms. Language is the core foundation for justice. It is the means through which the rights of the accused are secured and exercised. Linguistic complexities such as misunderstandings, translation errors and cultural distance among participants in international criminal trials affect courtroom communication, the presentation and the perception of the evidence, hence jeopardizing the foundations of a fair trial. The author concludes that language fair trial rights are priority rights situated in the minimum guarantees of fair criminal trial; the obligation of the court to ensure fair trial or accord the accused person a fair hearing also includes the duty to ensure they can understand and be understood.
Redefining Trial By Media
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Author : Simon Statham
language : en
Publisher: John Benjamins Publishing Company
Release Date : 2016-06-14
Redefining Trial By Media written by Simon Statham and has been published by John Benjamins Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-14 with Language Arts & Disciplines categories.
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.
Trial Language
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Author : Gail Stygall
language : en
Publisher: John Benjamins Publishing
Release Date : 1994-01-01
Trial Language written by Gail Stygall and has been published by John Benjamins Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-01-01 with Language Arts & Disciplines categories.
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.
Language On Trial
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Author : CHRISSIE. MAHER
language : en
Publisher:
Release Date : 2006
Language On Trial written by CHRISSIE. MAHER and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with categories.
Trial Language
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Author : Gail Stygall
language : en
Publisher:
Release Date : 1989
Trial Language written by Gail Stygall and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Discourse analysis categories.
Language And Power In Court
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Author : J. Cotterill
language : en
Publisher: Springer
Release Date : 2003-10-14
Language And Power In Court written by J. Cotterill and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-10-14 with Language Arts & Disciplines categories.
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.
Law And The Language Of Identity
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Author : Gregory M. Matoesian
language : en
Publisher: Oxford University Press, USA
Release Date : 2001
Law And The Language Of Identity written by Gregory M. Matoesian and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Conduct of court proceedings categories.
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.