Nothing but the truth – the challenges of applying linguistic knowledge in the legal setting
Forensic linguistics is often described as applying linguistic knowledge to case-relevant linguistic problems. From the perspective of the judiciary and other forensic sciences, the exact definition is more complex, as embedding scientific expertise in a legal framework comes with its own functions and goals of linguistic analysis and defines the options for the expert's commitment.
The factors determining forensic linguistic casework include the legal system, the goals and the expectations of the police and the court. In addition, forensic linguists conduct their scientific investigations as experts, which means that their work is partly subject to stricter rules than free scientific research.
The value of a linguistic expert's contribution (e.g. by authorship analysis) to the police, lawyers or the court cannot be measured by the progress of knowledge in linguistics alone. At least as important is the linguist's awareness of the responsibilities connected with his/her role in a forensic context, the perception and presentation of applied linguistics as a forensic science, and how effective one can communicate linguistic findings to experts in other knowledge domains.
References
Grant, Tim (2022). The Idea of Progress in Forensic Authorship Analysis, Cambridge University Press. https://doi.org/10.1017/9781108974714
Kniffka, Hannes (2007). Working in Language and Law. A German Perspective, Palgrave Macmillan.
Robertson, Bernard, G. A. Vignaux & Charles E. H. Berger (2016). Interpreting Evidence. Evaluating Forensic Science in the Courtroom, 2. ed., John Wiley & Sons. https://doi.org/10.1002/9781118492475
Shim, Abigail (2022). Forensic Linguistics: Science or Fiction? Hastings Law Journal 74(1), 207-234. https://repository.uchastings.edu/hastings_law_journal/vol74/iss1/7
Shuy, Roger (2006). Linguistics in the Courtroom. A Practical Guide, Oxford University Press.
Nothing but the truth – the challenges of applying linguistic knowledge in the legal setting
Forensic linguistics is often described as applying linguistic knowledge to case-relevant linguistic problems. From the perspective of the judiciary and other forensic sciences, the exact definition is more complex, as embedding scientific expertise in a legal framework comes with its own functions and goals of linguistic analysis and defines the options for the expert's commitment.
The factors determining forensic linguistic casework include the legal system, the goals and the expectations of the police and the court. In addition, forensic linguists conduct their scientific investigations as experts, which means that their work is partly subject to stricter rules than free scientific research.
The value of a linguistic expert's contribution (e.g. by authorship analysis) to the police, lawyers or the court cannot be measured by the progress of knowledge in linguistics alone. At least as important is the linguist's awareness of the responsibilities connected with his/her role in a forensic context, the perception and presentation of applied linguistics as a forensic science, and how effective one can communicate linguistic findings to experts in other knowledge domains.
References
Grant, Tim (2022). The Idea of Progress in Forensic Authorship Analysis, Cambridge University Press. https://doi.org/10.1017/9781108974714
Kniffka, Hannes (2007). Working in Language and Law. A German Perspective, Palgrave Macmillan.
Robertson, Bernard, G. A. Vignaux & Charles E. H. Berger (2016). Interpreting Evidence. Evaluating Forensic Science in the Courtroom, 2. ed., John Wiley & Sons. https://doi.org/10.1002/9781118492475
Shim, Abigail (2 ...
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