Forenic Linguistics ✔️1) The study of the written language of the law
2) The study of interaction in the legal process, which in criminal cases includes everything from an
initial call to the emergency services to the sentencing of someone who has been found guilty
3) The description of the work of the forensic linguist when acting as an expert witness
Legalese ✔️The formal and technical language of legal speech and writing
Lexical complexity ✔️Wordiness:
e.g. entirely and completely remove, annul and set aside, totally null and void, written document, etc.
Lack of clarity
Pompousness:
e.g. solemn, supreme, absurd, mere, fundamental, etc.
Dullness
Hymes SPEAKING mnemonic ✔️Setting and scene - time and place of the speech act, physically and the
cultural definition of the event
Participants - speaker and audience
Ends - goals, purposes, outcomes
Act sequence - form the event takes and the order of its parts
Key - cues to the 'tone' or 'manner' of the speech act
,Instrumentals - forms and style of speech
Norms - social rules governing the event and the participants actions and reactions
Genre - the kind of speech act of the event
Field ✔️Ideational function (transitivity processes)
Tenor ✔️Interpersonal function (mood, modality, appraisal, etc)
Mode ✔️Textual function (theme and rheme, given - new, cohesion and coherence)
Tenor of discourse ✔️"The role relationships between the interactants" (Eggins, 2004: 90)
Instutional power ✔️Refers to the power that a participant has a result of their institutionally
enshrined role (e.g. lawyer, CeO, teacher, etc.)
Interactional power ✔️Refers to the power 'that one can negotiate for one's self within a community of
practice because of the way that one draws upon linguistic resources [...] this position may well conflict
with one's ascribed status within a group'
Criminal courts ✔️The prosecution in criminal court cases is typically the government
Most criminal court cases have an assembled jury who preside over the case and deliver a verdict
More serious cases such as murder, rape, drugs and pornography
Civil Courts ✔️Civil court cases are where one party brings a case against another where the first party
feels they have been wronged by the second
, Typically, civil court cases are not jury trials - i.e. do not have a jury presiding over the case
Instead, the civil court judge returns a verdict on civil court cases
Criminal courts and civil courts work with different measures and tolerance for judging guilt
For lesser crimes - domestic dispute or property damage.
Magistrates court ✔️Cases are heard by either:
a judge, or...
a small number of magistrates (a public official with legal power in a district or region)
Typical cases brought to a magistrates court include: burglary, drunk and disorderly behavior, drugs
offences, motoring offences
Typical sentences passed by a magistrates court:
fine of up to £5000
Community service
A prison sentence of up to six months
Crown court ✔️Cases are usually presided over by an assembled jury
Sometimes cases may be passed from magistrates to a crown court (including appeals)
Typical cases brought to a crown court include: robbery, rape and sexual harassment, murder
Typical sentences passed by a crown court:
Community sentences
Prison sentences including life sentences
Direct examination ✔️Friendly examination from barrister representing you/your party