Language and Law / Linguagem e Direito 2023-10-10T12:29:38+00:00 Rui Sousa-Silva Open Journal Systems <p><strong><em>Language and Law / Linguagem e Direito</em></strong> is a leading international bilingual, bi-annual journal that publishes original research, review articles and book reviews on the fields of Forensic Linguistics / Language and Law. The journal is completely electronic and entirely open access. LL/LD publishes articles across the whole spectrum of the discipline and from both practitioners (e.g. chiefs of police, public prosecutors, professional translators and interpreters, expert witnesses) and academic researchers (lawyers and linguists).</p> Nota introdutória 2023-10-08T23:25:40+00:00 Fábio Ferraz de Almeida Camila Alves Borges Oliveira <p>.</p> 2023-10-10T00:00:00+00:00 Copyright (c) 2023 Fábio Ferraz de Almeida, Camila Alves Borges Oliveira ‘Basically, I’m gonna ask you a load of questions’ 2023-10-10T11:38:03+00:00 Annina Heini <p>The police caution in England and Wales is a compulsory element of every police interview that informs suspects of their right to silence and outlines the concept of adverse inference. This research draws on authentic data from interviews with 17- and 18-year-old suspects from two English police forces, analysing how the cautioning exchanges are negotiated while considering suspects’ ages and legal statuses as children and adults, respectively. Taking an inductive approach rooted in conversation analysis, the findings reveal an overall tendency for interviewers to explain the caution directly after reciting it, thereby acting on a presumption of suspects’ non-comprehension. It is also considered how the (discursive) presence of appropriate adults in interviews with juveniles can complicate the interactions. The study sheds light on the experiences of an under-researched group of interviewees and discusses the implications</p> 2023-10-10T00:00:00+00:00 Copyright (c) 2023 Annina Heini Code-switching as a marked socio-pragmatic discourse strategy in Nigerian police interrogation 2022-09-14T06:30:06+00:00 Matthew Adegbite Alison May <p>Police-suspect interrogation is a strategically adversarial engagement that involves tactical deployment of a variety of discourse strategies. This situation becomes more complex in a multilingual context like Nigeria where the interlocutors have the opportunity of expressing their communicative intents in a multiplicity of codes. This paper focuses on the pragmatic ways code-switching (CS) is deployed by interrogators and suspects as a socio-pragmatic discourse strategy to achieve their institutional and personal goals. We will see that CS is used persuasively, as interrogators and suspects negotiate from positions of power and inferiority, drawing on socio-cultural norms and expectations. 30 audio-recorded interrogations at the Ọ̀̀yọ́ and Oǹdó state commands of the Nigeria Police form the primary data. All the interrogations were conducted primarily in Nigerian English and the subjects were 18 years or above. Critical Discourse Analysis and Communication Accommodation Theory are adopted for analysis and discussion. Findings show that code-switching is employed with different effects for different participants: for interrogators to warn, threaten, and perform verbally aggressive acts that attack suspects’ self-worth; for suspects to plead for mercy and to blame-shift; and for both to boost credibility and authority, and to highlight socio-cultural shared knowledge. Swearing and cursing also take place within CS with suspects using self- and other-cursing to indicate sincerity and to try to persuade interrogators to believe their claims and interrogators swearing to express their commitment and determination to follow through with a course of action. CS is, therefore, seen as a marked and strategic communicative alignment that is motivated by institutional and personal goals and used for persuasive purposes.</p> 2023-10-10T00:00:00+00:00 Copyright (c) 2023 Matthew Adegbite, Alison May Communicative (inter-)action transcending the police investigative interview room 2022-10-17T14:21:58+00:00 Franziska Hohl Zürcher Nadja Capus <p>Police officers anticipate the evidential function and the absent audience while interviewing and recording investigative interviews. This audience consists of judges charged with taking procedural decisions based, among other things, on their reception of these written records. Qualitative studies have revealed that interviewers use confrontational questions to communicate their doubt regarding the interviewee’s credibility to the audience, and that they formulate the questions in the written record more confrontationally than in the actual interview for the same reason. However, so far, insufficient knowledge exists about the intended effect: Is the audience receptive to the police officer’s doubt when reading the written record? Our paper reports an experiment testing the effects of this confrontational questioning style. The results show that there is, indeed, a communicative (inter-)action transcending the police investigative interview room: the audience is receptive to the police officer’s doubt transmitted via the questioning style reported in the written record.</p> 2023-10-10T00:00:00+00:00 Copyright (c) 2023 Franziska Hohl Zürcher, Nadja Capus Fases de uma audiência preliminar no Juizado Especial Criminal 2023-10-10T11:44:32+00:00 Ana Carla Machado Amitza Torres Vieira <p>This paper aims to investigate the overall structural organization of a preliminary hearing in the Special Criminal Court, a court which is responsible for judging misdemeanor cases. The research is based on the theoreticalmethodological approach of Conversation Analysis (Sacks et al. 2003 1974), focusing on studies of institutional talk-in-interaction (Drew e Heritage 1992; Roberts e Sarangi 2005; Robinson 2013), as well as combining concepts from Interactional Sociolinguistics (Gumperz 1999; Gumperz, J.J. 2002). The results show four phases: opening, that occurs when the conciliator takes a roll call and greets the parties; presentation of the problem, which happens when they explain legal concepts to laypeople; offering to file the case, when the conciliator tries to persuade the parties to file and close the case; and ending, that takes place when the parties sign the paper agreement.</p> 2023-10-10T00:00:00+00:00 Copyright (c) 2023 Ana Carla Machado, Amitza Torres Vieira A escuta de narrativas de violência doméstica em entrevistas de mediação familiar judicial 2023-10-10T12:07:47+00:00 Maria de Lourdes Pereira Paulo Cortes Gago Maria do Carmo Leite de Oliveira <p class="p1">Uma prática central na mediação é o relato das partes sobre seu lado da história. A escuta dessas narrativas por uma terceira parte, dita neutra e imparcial, pode ter consequências durante e além da interação. Neste trabalho, examinamos um caso de narrativas de violência, produzidas em entrevistas de pré-mediação, realizadas, separadamente, com um ex-casal, num caso de disputa de guarda e tutela antecipada, requerido pelo pai. Analisamos, à luz dos estudos de fala-em-interação e da narrativa, como a mediadora lida com os relatos de violência doméstica durante a interação e no registro de suas observações relatadas ao juiz do caso. Objetivamos contribuir para o entendimento da escuta de terceiras partes na mediação. Os resultados revelam uso maciço de prestações de contas narrativas com implicações para o julgamento da guarda. Quanto à escuta da mediadora, observou-se a falta de paridade, no relatório, em termos do que tornou relevante na entrevista de cada disputante.</p> 2023-10-10T00:00:00+00:00 Copyright (c) 2023 Maria de Lourdes Pereira, Paulo Cortes Gago, Maria do Carmo Leite de Oliveira 'You may now speak to your lawyer' 2022-11-08T07:27:34+00:00 Martha Karrebaek Marta Kirilova Solvej Helleshøj Sørensen <p>This paper concerns interpreter-mediated courtroom hearings in Denmark. Based on audio-recordings, we analyse the contributions of judge and interpreter, and we focus on if, how and by whom the non-Danish speaking accused is informed about the possibility to speak with a lawyer in private. Although legally trivial, this information is crucial to the accused as it concerns his/her legal rights and options. We show how the informational sequence unfolds interactionally; we argue that the work of judge and interpreter is collaborative; and we discuss the potential of our sociolinguistic / interactional perspectives to inform the legal professionals. Here we are concerned with a wide-spread understanding of quality in legal interpreting. Rather than regarding ‘quality’ as equal to ‘correct’ and ‘accurate’ translation and focusing on the work of the interpreter in isolation, we suggest that it is necessary to consider context, aims, addressees and functions of the interpreting activity. We argue that the interpreter’s work facilitates better understanding for the accused, and at the same time, a more streamlined courtroom interaction.</p> <p> </p> 2023-10-10T00:00:00+00:00 Copyright (c) 2023 Martha Karrebaek, Marta Kirilova, Solvej Helleshøj Sørensen Introduction 2023-10-08T23:31:15+00:00 Fábio Ferraz de Almeida Camila Alves Borges Oliveira <p>.</p> 2023-10-10T00:00:00+00:00 Copyright (c) 2023 Fábio Ferraz de Almeida, Camila Alves Borges Oliveira Remembering Dr Janet Cotterill (1968–2022) 2023-10-08T23:05:19+00:00 Chris Heffer Frances Rock Michelle Aldridge Lise Fontaine <p>.</p> 2023-10-10T00:00:00+00:00 Copyright (c) 2023 Chris Heffer, Frances Rock, Michelle Aldridge, Lise Fontaine Complete Issue 2023-10-09T11:05:07+00:00 <p>.</p> 2023-10-10T00:00:00+00:00 Copyright (c) 2023