https://ojs.letras.up.pt/ojs/index.php/LLLD/issue/feed Language and Law / Linguagem e Direito 2021-11-04T14:41:43+00:00 Rui Sousa-Silva rssilva@letras.up.pt 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> https://ojs.letras.up.pt/ojs/index.php/LLLD/article/view/10969 Nota introdutória 2021-11-04T14:41:43+00:00 Krzysztof Kredens rssilva@letras.up.pt <p>.</p> 2021-11-04T00:00:00+00:00 Copyright (c) 2021 Krzysztof Kredens https://ojs.letras.up.pt/ojs/index.php/LLLD/article/view/10950 Forensic linguistics in German law enforcement 2021-11-03T15:32:50+00:00 Sabine Ehrhardt rssilva@letras.up.pt <p>In Germany, forensic linguistics is regularly made use of for law enforcement purposes. Since the 1980s, it is part of a federal forensic science institute and has developed with other, more widely-known forensic sciences side by side.</p> <p>Its contributions are fully accepted by the German police and the courts.</p> <p>To illustrate the processes surrounding expert evidence in German jurisprudence, the forensic linguistic expert work on a homicide case will be outlined at its various stages, i.e. from investigation up to the confirmation of the judgement after an appeal to the Federal Court of Justice. Tracing the course of the case, general provisions (legal or otherwise) concerning each stage of law enforcement are outlined and it will be described how they apply to forensic linguistics. Special attention is paid to the role of the expert, the expert’s rights and responsibilities, and what can be learned from the feedback of court proceedings</p> 2021-11-04T00:00:00+00:00 Copyright (c) 2021 Sabine Ehrhardt https://ojs.letras.up.pt/ojs/index.php/LLLD/article/view/10951 Expert testimony by linguists in U.S. courts 2021-11-03T15:36:06+00:00 Edward Finegan rssilva@letras.up.pt <p>This article describes procedures surrounding expert testimony in U.S. federal courts, exemplifying with details of an expert’s experience in one case. The exemplar is a civil (not criminal) case brought for defamation, tried to a jury in<br />a federal district court, and subsequently appealed to a higher court. The article discusses reasons for which attorneys retain expert linguists, why courts welcome experts when their testimony is deemed helpful in deciding a disputed fact but exclude them if they are not qualified or the profered testimony is deemed insuficiently helpful or possibly prejudicial to a jury. The article concludes with observations about the pros and cons of serving as a linguistics expert in contested legal matters in an adversarial system.</p> 2021-11-04T00:00:00+00:00 Copyright (c) 2021 Edward Finegan https://ojs.letras.up.pt/ojs/index.php/LLLD/article/view/10952 Art vs Craft 2021-11-03T15:40:09+00:00 Nicci MacLeod rssilva@letras.up.pt <p>This article describes procedures surrounding expert testimony in U.S. federal courts, exemplifying with details of an expert’s experience in one case. The exemplar is a civil (not criminal) case brought for defamation, tried to a jury in a federal district court, and subsequently appealed to a higher court. The article discusses reasons for which attorneys retain expert linguists, why courts welcome experts when their testimony is deemed helpful in deciding a disputed fact but exclude them if they are not qualified or the proffered testimony is deemed insufficiently helpful or possibly prejudicial to a jury. The article concludes with observations about the pros and cons of serving as a linguistics expert in contested legal matters in an adversarial system.</p> 2021-11-04T00:00:00+00:00 Copyright (c) 2021 Nicci MacLeod https://ojs.letras.up.pt/ojs/index.php/LLLD/article/view/10953 The development of legal procedures for using a transcript to assist the jury in understanding indistinct covert recordings used as evidence in Australian criminal trials 2021-11-03T16:57:55+00:00 Helen Fraser rssilva@letras.up.pt <p>The use of police transcripts to assist a jury in determining the content<br>of indistinct forensic audio is a cause of concern to many in forensic linguistics. A<br>common recommendation is that the law should make more use of transcripts produced<br>by experts in linguistic science. While this can help in individual cases, it is<br>not a general solution. In fact, it can make things worse instead of better. That is<br>because it fails to take account of legal procedures which are little known in forensic<br>linguistics, and the misconceptions about language that they embody. Previous<br>papers have set out some of the relevant procedures as they currently stand. The<br>present article oers a historical perspective, tracing the development of current<br>procedures, and their misconceptions about language, through three key cases of<br>the 1980s and 1990s which stand as authoritative precedents for Australian legal<br>practice regarding the problematic use of police (and expert) transcripts as assistance<br>in court. The conclusion outlines the solution being pursued by Australian<br>linguists.</p> 2021-11-04T00:00:00+00:00 Copyright (c) 2021 Helen Fraser https://ojs.letras.up.pt/ojs/index.php/LLLD/article/view/10954 Additions, Omissions, and Transformations in Institutional ‘Retellings’ of Domestic Violence 2021-11-03T17:10:26+00:00 Nicholas Lynn rssilva@letras.up.pt Patricia Canning rssilva@letras.up.pt <p>In this paper we examine how UK police officers investigating domestic violence (DV) make a formal written case to Crown Prosecutors. Using rarely accessed ‘management guidance’ reports (MG3 forms) we analyses how police of-officers’ written contributions appeal to relevance and how they can ‘nudge’ prosecutors towards particular methods of case disposal, specifically, the ‘Simple Caution’.We propose that linguistic strategies can reduce the likelihood of convictions, and we raise serious concerns about the impact of police officers’ institutional ‘retellings’ in the pursuit of justice.</p> 2021-11-04T00:00:00+00:00 Copyright (c) 2021 Nicholas Lynn, Patricia Canning https://ojs.letras.up.pt/ojs/index.php/LLLD/article/view/10966 Feigned incompetence 2021-11-04T14:33:38+00:00 Aneta Pavlenko rssilva@letras.up.pt <p>In 1966 the US Supreme Court ruled that custodial suspects should be advised of their rights, including the right to silence and the right to an attorney, before questioning begins. If they waive their rights and the defense can prove that they did not do so voluntarily, knowingly, and intelligently, their confession may be excluded from the evidence. Judges consider many factors in their decisions on motions to suppress, including expert testimony. In this paper, I discuss a case where two experts evaluated language proficiency of the same suspect and arrived at radically different conclusions regarding her ability to understand the warnings. I will show why one assessment was superior to the other, but the true significance of the case is in showing that a dialogic approach to delivery of the rights can reduce linguistic guesswork and help safeguard the integrity of the investigation and due process.</p> 2021-11-04T00:00:00+00:00 Copyright (c) 2021 Aneta Pavlenko https://ojs.letras.up.pt/ojs/index.php/LLLD/article/view/10955 Práticas de Análise em Linguística Forense 2021-11-03T17:13:56+00:00 Jael Sânera Sigales Gonçalves rssilva@letras.up.pt <p>.</p> 2021-11-04T00:00:00+00:00 Copyright (c) 2021 Jael Sânera Sigales Gonçalves https://ojs.letras.up.pt/ojs/index.php/LLLD/article/view/10956 O complexo, o simples e o simplório em Linguística Forense 2021-11-03T17:16:41+00:00 João Pedro Pádua rssilva@letras.up.pt <p>.</p> 2021-11-04T00:00:00+00:00 Copyright (c) 2021 João Pedro Pádua https://ojs.letras.up.pt/ojs/index.php/LLLD/article/view/10957 The Suspect’s Statement 2021-11-03T17:20:18+00:00 Emma Richardson rssilva@letras.up.pt <p>.</p> 2021-11-04T00:00:00+00:00 Copyright (c) 2021 Emma Richardson https://ojs.letras.up.pt/ojs/index.php/LLLD/article/view/10958 Remembering Ronald R. Butters 2021-11-04T10:01:04+00:00 Edward Finegan rssilva@letras.up.pt <p>.</p> 2021-11-04T00:00:00+00:00 Copyright (c) 2021 Edward Finegan https://ojs.letras.up.pt/ojs/index.php/LLLD/article/view/10959 Remembering Bethany K. Dumas 2021-11-04T10:07:14+00:00 Philip Gaines rssilva@letras.up.pt <p>.</p> 2021-11-04T00:00:00+00:00 Copyright (c) 2021 Philip Gaines https://ojs.letras.up.pt/ojs/index.php/LLLD/article/view/10960 In remembrance of Dr John Gabriel Christopher Luke Olsson, who passed away on the 9th of June 2021, aged 69 2021-11-04T10:13:27+00:00 June Luchjenbroers rssilva@letras.up.pt <p>.</p> 2021-11-04T00:00:00+00:00 Copyright (c) 2021 June Luchjenbroers https://ojs.letras.up.pt/ojs/index.php/LLLD/article/view/10967 Introduction 2021-11-04T14:39:04+00:00 Krzysztof Kredens rssilva@letras.up.pt <p>.</p> 2021-11-04T00:00:00+00:00 Copyright (c) 2021 Krzysztof Kredens https://ojs.letras.up.pt/ojs/index.php/LLLD/article/view/10961 Volume completo 2021-11-04T10:15:56+00:00 Language & Law rssilva@letras.up.pt <p>.</p> 2021-11-04T00:00:00+00:00 Copyright (c) 2021 Language & Law https://ojs.letras.up.pt/ojs/index.php/LLLD/article/view/10946 Ficha técnica 2021-11-02T12:08:24+00:00 Language & Law rssilva@letras.up.pt <p>.</p> 2021-11-04T00:00:00+00:00 Copyright (c) 2021 Linguagem e Direito