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Journal articles on the topic 'Defendant's language'

Author: Grafiati

Published: 28 May 2022

Last updated: 30 July 2025

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1

Sheehan, Duncan. "Defendant-sided unjust factors." Legal Studies 36, no. 3 (2016): 415–37. http://dx.doi.org/10.1111/lest.12115.

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This paper will examine the structure of the defendant-sided unjust factors, by which I mean duress and undue influence. The paper first argues that undue influence is based on abuse of deferential trust placed in the defendant and duress on an illegitimate threat leading to the claimant's lack of consent. The paper distinguishes undue influence from the unconscionable bargains doctrine. The paper then models the effect of that on the claimant's intentional agency by reference to Michael Bratman's influential theory of intention. It suggests that while mistake can be modelled by way of the fai

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Kurnianingsih, Marisa, Muchamad Iksan, Fiqkri Akbar Wibisono, Dita Nadya Anastasya, and Yoesoef Moestofa. "Mewujudkan Bantuan Hukum Bagi Terdakwa Kasus Narkotika di Rumah Tahanan Negara Kelas IIb Boyolali." Educommunity Jurnal Pengabdian Masyarakat 2, no. 2 (2024): 101–9. https://doi.org/10.71365/ejpm.v2i2.71.

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This legal counseling aims to understand the preparation and implementation process carried out by legal advisors from BKBH, Universitas Muhammadiyah Surakarta. Before trial assistance, there is a preparation process that includes the defendant's rights, which are fundamental principles in the legal system. These principles aim to protect the defendant's human rights and ensure that the judicial process runs fairly. Several rights of the defendant, generally recognized and guaranteed by various legal systems, including criminal law, are the right to legal assistance, the right to a prompt tria

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Solimine, Michael, and Amy Lippert. "Deregulating Voluntary Dismissals." University of Michigan Journal of Law Reform, no. 36.2 (2025): 367. https://doi.org/10.36646/mjlr.36.2.deregulating.

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Federal Rule of Civil Procedure 41(a) and its state law counterparts permit, under certain circumstances, a plaintiff to voluntarily dismiss her lawsuit without prejudice. Within certain windows of opportunity, plaintiffs can take this unilateral action without the permission of the defendant or of the court, and without any conditions attached. When those windows are closed, plaintiffs can still seek dismissal with the approval of the defendant or of the court. This regime is problematic: giving plaintiffs this unilateral power is an anachronism in an age of managerial judging, and can be con

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Wang, Yaqi. "A Study on the Prosecutor's Presupposition Strategies in Courtroom." Journal of Educational Research and Policies 6, no. 10 (2024): 5–8. http://dx.doi.org/10.53469/jerp.2024.06(10).02.

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As technology improves by leaps and bounds, forensic linguistics, as a separate and interdisciplinary research field, has attracted the attention of a growing number of scholars. The purpose of courtroom discourse is clearer than that of everyday language. In a trial, all parties involved, whether judges, prosecutors, defense attorneys or defendants, are committed to achieving their stated goals through a variety of linguistic strategies and techniques. And presupposition itself is a highly purposeful linguistic strategy. As a result, judges, prosecutors and lawyers often use the technique of

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Surtz, Ronald E. "Crimes of the Tongue: The Inquisitorial Trials of Cristóbal Duarte Ballester." Medieval Encounters 12, no. 3 (2006): 519–32. http://dx.doi.org/10.1163/157006706779166011.

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AbstractCristóbal Duarte Ballester was tried twice by the Spanish Inquisition. To the principal accusation of blasphemy the prosecutor added Ballester's faulty observance of the basic precepts of Christianity: eating meat on days forbidden by the church, not confessing his sins, and not attending mass. The Inquisition assigned a moral value to what came out of Ballester's mouth—oaths—as well as to what entered it—certain foods at forbidden moments. The defendant's oral crimes of blasphemy and nonobservance of fasts were compounded by such suspicion-provoking verbal behaviors as Ballester's flu

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Yanevych, Tetyana, Vitaliy Golomoziy, Yuliya Mishura, and Iryna Izarova. "Comparison of 2D convolutions and dense neural networks for natural language processing models with multi-sentence input." Bulletin of Taras Shevchenko National University of Kyiv. Series: Physics and Mathematics, no. 2 (2023): 20–29. http://dx.doi.org/10.17721/1812-5409.2023/2.3.

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This paper is devoted to the analysis of court cases based on multiple sentences that represent plaintiff's claim, claim motivation and defendant's response. Based on these parameters we classify a given case into one of seven categories designed for our task and then predict its decision in the first court's instance. We use fine-tuned XLM\RoBERTa for this task. There were compared two approaches for building fine-tuned model's head. One is based on stacking the numerical representation of multiple sentences so that they form a matrix and applying 2D convolutions. Second approach is based on

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Apria Dwi, Bagas, and Muklis Muklis. "Tinjauan Yuridis Gugatan Citizen Lawsuit Terhadap Pengalihfungsian Cagar Budaya Lapangan Merdeka oleh Pemko Medan (Studi Kasus No 756/PDT.G/2020/PN MDN)." Jurnal Ilmu Hukum, Humaniora dan Politik 4, no. 5 (2024): 1828–37. https://doi.org/10.38035/jihhp.v4i5.2372.

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Since culture is an integral part of human beings, we often think of culture as being passed down from generation to generation. Customs, language, religion, politics, tools, clothing, houses, and artworks are some of the components of a complex culture. A work plan designed to support the preservation of cultural heritage, including maintenance, is called cultural heritage preservation planning. In this research, normative legal research methods are used. This research looks at legislation and secondary sources such as books, theses, scientific journals, and articles. One of the objectives of

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8

Gallez, Emmanuelle, and Katrijn Maryns. "Orality and authenticity in an interpreter-mediated defendant’s examination." Interpreting. International Journal of Research and Practice in Interpreting 16, no. 1 (2014): 49–80. http://dx.doi.org/10.1075/intp.16.1.04gal.

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This case study examines how a court’s perception of the defendant’s socio-legal identity may be affected by interpreting. Since this perception relies largely on language, interpreters are expected to minimise their impact on the dynamics of direct communication between primary participants. The analysis focuses on an interpreter-mediated defendant’s examination, recorded in an attempted murder case tried before the Belgian Assize Court, identifying possible departures from the principles of orality and authenticity. The recordings include exchanges, not necessarily audible to the court, betw

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TAI, Yu V., and S. L. BUDYLIN. "THE LONG ARM OF TORT LAW. THE COMPETENCE OF U.S. COURTS IN DEFAMATION CLAIMS AGAINST FOREIGN DEFENDANTS." Herald of Civil Procedure 11, no. 4 (2021): 87–111. http://dx.doi.org/10.24031/2226-0781-2021-11-4-87-111.

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Jurisdiction of American state courts over out-of-state defendants is determined by state law, but is limited by constitutional considerations. If the defendant does not have sufficient contacts with the state, it is unconstitutional for the state court to consider the dispute. With respect to defamation suits, not only does the defamatory information actually reach a sufficient number of state residents, but also the foreign defendant’s purposeful actions directed at that state are necessary for state court jurisdiction over the out-ofstate defendant to arise. In the case of the media, such a

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Mateo-Fernández, Pedro V., Iria de la Osa Subtil, and María Ángeles de la Cruz-Fortún. "Dissociation as a modifying variable of imputability in criminal cases." Journal of Psychology & Clinical Psychiatry 15, no. 3 (2024): 193–96. http://dx.doi.org/10.15406/jpcpy.2024.15.00780.

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In the field of Legal and Forensic Psychology, the assessment of psychological impairment is crucial in criminal cases. This article explores how dissociation, a psychological defense mechanism, affects the degree of criminal imputability. Dissociative disorders, often a consequence of severe trauma or high-stress situations, can coexist with various disorders, complicating the assessment of imputability. Dissociation affects cognitive (perception, attention, memory, thinking, language) and volitional (self-control, determination, motivation, resistance to external pressure) abilities, which a

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Du, Biyu Jade. "How interpreting influences defendants’ participation: a discursive study of zero renditions and non-renditions in court interpreting." International Journal of the Sociology of Language 2024, no. 286 (2024): 185–208. http://dx.doi.org/10.1515/ijsl-2023-0054.

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Abstract The inquisitorial feature of Chinese criminal trials requires active participation from defendants in courtroom interaction. To fully participate in the trial proceedings, defendants who cannot speak the language of the court have to rely on the language support offered by interpreters. Court interpreters are expected to facilitate language minorities’ participation and communication in the proceedings, but their mediation changes the dynamics of courtroom interaction. This paper aims to explore how the use of interpreting impacts the participation status of English-speaking defendant

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Du, Biyu (Jade). "The mediated voice." Target. International Journal of Translation Studies 33, no. 2 (2021): 341–67. http://dx.doi.org/10.1075/target.21066.du.

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Abstract This article examines how the voices of trial participants are mediated by court interpreters. The research focuses on closing statements articulated by defendants in Chinese criminal trials, the last chance for their voices to be heard prior to sentencing. Drawing upon the concept of voice and theories of speech acts and pragmatic equivalence, and based on the discourse analysis of seven authentic trial recordings, this study reveals how the discursive performance of the defendant is constructed, altered, and sometimes undermined through interpreting. The findings reveal that speech

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Fedulenkova, Tatiana N. "REVIEW OF THE MONOGRAPH OF L._A._NEFEDOVA, E._SH._NIKIFOROVA, N. S. OLIZ'KO "COURTROOM DISCOURSE COGNITIVE TYPE: A COMPARATIVE STUDY"." Theoretical and Applied Linguistics, no. 2 (2019): 197–205. http://dx.doi.org/10.22250/24107190_2019_5_2_197_205.

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The book reviewed presents the results of comparative linguistic study of Russian, Kazakh and American cognitive models of courtroom discourse. The discourse common relevant features are institutionality, conventionality and theatricism. During the analysis of courtroom session transcripts, the unity of locution, illocution and perlocution was found to characterize the discourse type independent of the language. The first one is meant to inform about the defendant, the second one is performed by a courtroom subject (prosecutor, lawyer, defendant, witness) with a certain intention and results i

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Kahlas-Tarkka, Leena, and Matti Rissanen. "The sullen and the talkative." Journal of Historical Pragmatics 8, no. 1 (2007): 1–24. http://dx.doi.org/10.1075/jhp.8.1.02kah.

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The purpose of this paper is to describe the discourse strategies of the defendants of the Salem witchcraft trials in 1692. Evidence is derived from the original documents now being re-edited by an international team. A framework for the discussion is provided by politeness theory, although it cannot be applied as such to seventeenth-century courtroom circumstances. In four of the eight cases selected, the defendants followed successful discourse strategies and saved their lives; in another four, the strategies were less successful and the defendants had to die. Cooperativeness was vital for a

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Meliana, Yang. "PERANAN VISUM ET REPERTUM PSIKIATRIKUM GUNA PERTIMBANGAN HAKIM TERHADAP PELAKU TINDAK PIDANA YANG SAKIT JIWA DALAM PROSES PERADILAN (STUDI DI RUMAH SAKIT JIWA DAERAH PROVINSI KEPULAUAN BANGKA BELITUNG)." Justici 13, no. 2 (2020): 74–85. https://doi.org/10.35449/justici.v13i2.173.

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ABSTRACT Visum et repertum psychiatricum need to be made in respect of the Article 44 (1) of the Criminal Code, which reads: "Whoever does something which can’t be accounted to him due to his soul defects in growth or impaired due to illness, was not convicted". According to R. Suparmono, post mortem psychiatricum intended as a series of rules of evidence about the quality of the suspect at the time of committing the criminal and responsible for determining the ability of the suspect. Forensic psychiatry it serves as an expert witness, as a legal expert helpers to collect data that can be used

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Winter, Bodo, Joshua Daguna, and Teenie Matlock. "Metaphor-enriched social cognition and spatial bias in the courtroom." Metaphor and the Social World 8, no. 1 (2018): 81–99. http://dx.doi.org/10.1075/msw.17001.win.

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Abstract It is known that courtroom decisions can be influenced by subtle psychological biases, such as asking leading questions. Informed by metaphor research on the connection between spatial proximity and intimacy (e.g., ‘we are close’, ‘their views are far apart’), this paper reports four experiments that look at the potential role of psychological biases arising from the spatial layout of a courtroom. In particular, we ask the question: Does being close or far to a defendant influence one’s reasoning about who is likely to win or lose a court case? Working with an American (jury-based) le

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Defrancq, Bart, and Sofie Verliefde. "Interpreter-mediated “paternalistic” interaction in a judge-centered courtroom." Interpreting. International Journal of Research and Practice in Interpreting 19, no. 2 (2017): 209–31. http://dx.doi.org/10.1075/intp.19.2.03def.

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This paper investigates an interpreter’s handling of a distinctive ‘paternalistic’ (following Tates et al. 2002) participation framework in a Belgian criminal court, whereby the defendant is the topic – but not the addressee – of the interaction. The hearing analysed, which was recorded and transcribed, was part of a drugs trial. An experienced court interpreter provided consecutive and whispered interpreting, almost always asymmetrically, so that the French-speaking defendant could follow everything said to/about her in Dutch; the Dutch-speaking bench and counsel listened to the defendant’s F

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Johansen, Louise Victoria. "Between standard, silence and exception: How texts construct defendants as persons in Danish pre-sentence reports." Discourse & Society 29, no. 2 (2017): 123–41. http://dx.doi.org/10.1177/0957926517734423.

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This article analyses how the Danish penal system uses pre-sentence reports to constitute defendants as persons in relation to their criminal acts. Based on ethnographic fieldwork within the Danish Probation Service and County Courts, the present study follows the ‘career’ of these documents and shows how meaning is created through the complex interaction between the texts and the legal actors. A critical discourse analysis of the drafting of the reports and their interpretation by judges demonstrates how social knowledge about the defendant is conveyed to legal actors and used by them in the

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Lubis, Muhammad Ridwan. "Pelaksanaan Pemeriksaan Tindak Pidana Dengan Acara pemeriksaan singkat." Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat 23, no. 3 (2024): 308–16. http://dx.doi.org/10.30743/jhk.v23i3.9625.

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The implementation of criminal examinations using a short examination procedure is only carried out in cases of crimes or violations which do not include minor crimes, which according to the Public Prosecutor, the proof and application of the law is easy and simple in nature. In accordance with the provisions of Article 203 paragraph (1) of the Criminal Procedure Code, those examined according to the short examination procedure are cases of crimes or violations which do not fall under the provisions of Article 205 and which according to the public prosecutor, the proof and application of the l

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Mason, Marianne. "Examining the rhetorical structure and discursive features of letters of leniency as a genre." Pragmatics. Quarterly Publication of the International Pragmatics Association (IPrA) 21, no. 1 (2011): 111–25. http://dx.doi.org/10.1075/prag.21.1.06mas.

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This paper presents a genre analysis of 73 letters of leniency, which were obtained in two United States federal district courthouses. The primary objective of this type of genre is to persuade a judge to be lenient during the sentencing of a defendant, such as by reducing or commuting the defendant’s sentence. This paper examines how writers of this genre structure their letters and use discursive features, in particular linguistically-realized politeness and appeals to the judges’ faith, to make a request for leniency. The findings of this study show that the rhetorical and discursive featur

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Kachalova, O. V. "The Interrogation of the Accused in a Criminal Case in a Special Manner." Rossijskoe pravosudie 8 (July 20, 2020): 88–93. http://dx.doi.org/10.37399/issn2072-909x.2020.8.88-93.

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The article discusses the possibilities of conducting an interrogation when considering a criminal case in a special judicial proceeding. Currently, the law does not indicate the possibility of conducting an interrogation of the defendant when considering his case in a special manner. In fact, the judges considering the case, as a rule, interrogate the defendants, without touching upon the actual circumstances of the case, ask specific questions to eliminate all doubts and obstacles to the application of this simplified form of criminal proceedings. This practice does not seem vicious, it foll

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Frantzi, Katerina T., and Anastasia K. Katranidou. "A Corpus-Based Analysis of the Language Used by Defendants of Homicide in Court." World Journal of Social Science Research 4, no. 2 (2017): 164. http://dx.doi.org/10.22158/wjssr.v4n2p164.

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<p><em>In this study we present the updated version of the Greek Corpus of Defendants’ Testimonies, GCDT and a series of new evaluations that have been carried out on the defendants’ speech. Using criteria, such as lexical richness, lexical density, part-of-speech frequencies, word and sentence length, we look for linguistic features which could characterize the stylometric profile of the defendants. We also present GCWT, a reference corpus that has been constructed similar to GCWT stylistic features. GCWT contains witnesses’ testimonies collected in the court. </em><em&gt

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Rama-Martínez, Esperanza. "Courtroom interaction between 1760 and 1860." Journal of Historical Pragmatics 14, no. 2 (2013): 236–62. http://dx.doi.org/10.1075/jhp.14.2.04ram.

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This paper explores to what extent and how defendants (re)initiated talk in the English courtroom during the period 1760–1860. Adopting both a qualitative and quantitative approach to the analysis of a sample of the Old Bailey Proceedings, I investigate defendants’ moves in terms of their illocutionary force, their addressees and whether there is evidence of change in frequency and format over the period under examination. The achievement of full defence by counsels in 1836 is expected to bring defendants’ behaviour closer to what it is like nowadays. In line with this hypothesis, the study sh

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Archer, Dawn. "(Re)initiating strategies." Historical Courtroom Discourse 7, no. 2 (2006): 181–211. http://dx.doi.org/10.1075/jhp.7.2.03arc.

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This paper draws on the trial section of the Sociopragmatic Corpus to explore the interaction of judges and defendants in the English courtroom (1640–1760). I show that defendants tended to be more actively involved in their defence than defendants are today, because of: (i) the absence of legal counsel (although this was changing during our period), and (ii) a perceived need that defendants should demonstrate their own innocence, via their response(s) to evidence given against them. I also reveal that the judges’ role differed from the role adopted by judges today. Rather than presiding over

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Yeom, Jiae. "Constitutional Guarantee of the Right to Interpretation in Criminal Justice Procedures." Institute for Legal Studies Chonnam National University 44, no. 4 (2024): 63–91. https://doi.org/10.38133/cnulawreview.2024.44.4.63.

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This paper explores the critical role of judiciary interpreting in legal proceedings, focusing on the necessity for accurate and effective court interpretation for defendants who do not speak the court's language. Judiciary interpreting is distinct from general interpreting because it directly impacts the protection of basic rights and the fairness of the trial. Without proper interpretation, defendants may not fully understand the charges against them or the legal procedures, leading to the potential infringement of their defense rights and the integrity of the trial. As South Korea transitio

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Conley, Robin. "Living with the decision that someone will die: Linguistic distance and empathy in jurors' death penalty decisions." Language in Society 42, no. 5 (2013): 503–26. http://dx.doi.org/10.1017/s004740451300064x.

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AbstractBased on ethnographic fieldwork in Texas death penalty trials, this article explores how language helps to make death penalty decisions possible—how specific communicative choices mediate and restrict jurors', attorneys', and judges' actions and experiences while serving and reflecting on capital trials. By analyzing postverdict interviews with jurors, trial language, and written legal language, I examine a variety of communicative practices through which defendants are dehumanized and thus considered deserving of death. This dehumanization is made possible through the physical and lin

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Chang, Vivian. "Where Do We Go from Here: Plea Colloquy Warnings and Immigration Consequences Post-Padilla." University of Michigan Journal of Law Reform, no. 45.1 (2011): 189. http://dx.doi.org/10.36646/mjlr.45.1.where.

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This Note argues for the passage of criminal procedure rules that would require judges to warn criminal defendants about immigration consequences at plea colloquy. Part I addresses the overlap of criminal and immigration law, arguing that the increased use of the criminal justice system to police federal immigration laws calls for greater protection of non-citizen defendants at plea colloquy. Part II then addresses the legal duties imposed on both defense counsel and trial courts in relation to plea colloquy. Padilla merely addressed the duty of defense counsel to provide constitutionally effe

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Syahid, Agus, Dadang Sudana, and Andika Dutha Bachari. "Cyberbullying on Social Media in Indonesia and Its Legal Impact: Analysis of Language Use in Ethnicity, Religious, Racial, and Primordial Issues." Theory and Practice in Language Studies 13, no. 8 (2023): 1938–46. http://dx.doi.org/10.17507/tpls.1308.09.

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This study aims to reveal the phenomenon of cyberbullying in Indonesia targeted group of people and its legal impact based on pragmatics analysis. It mainly focused on issues that are related with ethnicity, religion, race, and intergroup on social media activities. The lingual data are the expressions by defendants on social media. They were collected from the copies of six court verdicts for such cases that have been settled between 2018 and 2020. The study employed a qualitative method with a forensic linguistic approach as a framework to reveal, trace, and show the phenomenon of cyberbully

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Fischer, Brodwyn. "Quase pretos de tão pobres? Race and Social Discrimination in Rio de Janeiro's Twentieth-Century Criminal Courts." Latin American Research Review 39, no. 1 (2004): 31–59. http://dx.doi.org/10.1017/s0023879100038942.

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Conceived as a contribution to debates about the role of state institutions in perpetuating racial inequality in modern Brazil, this article explores the relative importance of social and racial characteristics in determining defendants' treatment in Rio de Janeiro's criminal courts between 1930 and 1964. Focusing on rarely noted aspects of defendants' class and citizenship status, and emphasizing the importance of judicial procedure, it argues that social discrimination was open in Rio de Janeiro's courts, but that race alone was a relatively poor predictor of defendants' fates. At the same t

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Kalunta-Crumpton, Anita. "Claims-Making and the Prosecution of Black Defendants in Drug Trafficking Trials: the Influence of Deprivation." International Journal of Discrimination and the Law 3, no. 1 (1998): 29–49. http://dx.doi.org/10.1177/135822919800300103.

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The relationship between the prosecution and black 1 people has nowhere received a specific or full notice as far as analysis is concerned. On the basis of detailed observations of drug trafficking trials at a London Crown Court, this paper reveals the prosecution of cases concerning black defendants. In doing so, it demonstrates how drug trafficking cases were socially constructed through the process of claimsmaking, a rhetorical activity that entails the use of language to present and fathom claims effectively in order to persuade. The prosecution described the defendants alleged involvement

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Petykó, Márton. "Discursive (re)construction of “witchcraft” as a community and “witch” as an identity in the eighteenth-century Hungarian witchcraft trial records." Journal of Historical Pragmatics 18, no. 2 (2017): 214–34. http://dx.doi.org/10.1075/jhp.00003.pet.

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Abstract This paper provides a qualitative historical (socio)pragmatic analysis of records of three eighteenth-century Hungarian witchcraft trials using a socio-cognitive model of discursive community and identity construction. I aim to describe how the general social and legal context of witchcraft became situated and interpreted in the actual witchcraft trial records from the delegated officials’ perspective. I argue that in the analysed records, the officials did not simply apply a codified definition of “witchcraft”, but they discursively (re)constructed “witchcraft” as a community and “wi

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Hu, Pi-chan. "An investigation of interruption in courtroom discourse." International Journal of Legal Discourse 3, no. 2 (2018): 213–34. http://dx.doi.org/10.1515/ijld-2018-2009.

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Abstract In this research project, we introduce an interdisciplinary study of language and the law—forensic linguistics. In the field of forensic linguistics, the topic of discourse probably receives the most study. The discourse phenomenon we investigated is interruption, commonly regarded as a display of power and control. Our study concentrated on observing the distributions and functions of interruption that take place in criminal courtroom discourse. Given the unique features in criminal courtroom discourse, such as the highly institutionalized nature, the strong goal orientation, the uni

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Eskauriatza, Javier S. "“Complete Labelling” and Domestic Prosecutions for Crimes Against Humanity." Criminal Law Forum 32, no. 4 (2021): 473–509. http://dx.doi.org/10.1007/s10609-021-09426-0.

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AbstractFair labelling is an established principle of criminal justice that scrutinises the way that States use language in labelling criminal defendants and their conduct. I argue that “complete labelling” is a related but separate principle which has not received any explicit attention from commentators. Whereas fair labelling focuses, usually, on the protection of defendant’s rights, the principle of complete labelling explains and justifies whether the labels attached appropriately represent the nature and scale of the wrong done to the community. As a case study, I apply this lens in the

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Carter, Liz. "Preference organization in PRC criminal trial interaction." Chinese Language and Discourse 10, no. 2 (2019): 224–40. http://dx.doi.org/10.1075/cld.00018.car.

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Abstract This paper analyzes resistance in the preference organization of criminal trial interaction from a conversation analytic perspective, with examples taken from an 11-hour video corpus of 20 PRC (People’s Republic of China) criminal trials from 2016–2018. Defendants’ dispreferred responses to judges’ questions are then analyzed to determine how resistance is constructed and handled by judges. Defendants are found to construct resistance implicitly and orient to out-of-courtroom stance, objects and topics, while judges respond by reorienting to broader legal matters of guilt and in-court

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Cheung, Andrew K. F. "The use of reported speech by court interpreters in Hong Kong." Interpreting. International Journal of Research and Practice in Interpreting 14, no. 1 (2012): 73–91. http://dx.doi.org/10.1075/intp.14.1.04che.

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This is a corpus-based study that investigates instances in which court interpreters in Hong Kong deviate from using direct speech and the first person, notwithstanding the requirement to use both of these when rendering statements made by witnesses or defendants. Quantitative data indicate that court interpreters do adhere to this requirement when interpreting Cantonese into English, but deviate from it when interpreting English into Cantonese. These data suggest that the use of reported speech and/or of the third person has identification functions that help Cantonese-speaking witnesses and

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Van der Vlis, Evert-Jan. "right to interpretation and translation in criminal proceedings." Journal of Specialised Translation, no. 14 (July 25, 2010): 26–40. https://doi.org/10.26034/cm.jostrans.2010.577.

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More and more people are taking advantage of the freedom of movement of persons and the freedom of establishment within the European Union (EU). Thanks to the current situation, where movements across internal borders are no longer controlled, it has become easier to travel to another Member State (Europa: Schengen). The advent of low-budget airlines such as Easy Jet and Ryanair, among other factors, enables millions of people to go abroad for a holiday every year. Moreover, a growing group of people moves to another EU Member State to live or work there temporarily, or with the intention to s

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Vargas-Urpi, Mireia. "When non-renditions are not the exception." Babel. Revue internationale de la traduction / International Journal of Translation 65, no. 4 (2019): 478–500. http://dx.doi.org/10.1075/babel.00103.var.

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Abstract This article seeks to explore the nature and function of non-renditions in a corpus of transcriptions of 55 authentic interpreted court proceedings from Barcelona (the TIPp corpus). By doing so, it establishes a dialogue with Cheung’s (2017) contribution about non-renditions in court interpreting in Hong Kong. The transcriptions of the TIPp corpus were annotated using the software EXAMARALDA following Wadenjsö’s (1998) distinction between “talk as text” and “talk as activity”. Non-renditions were considered a part of “talk as activity”. A distinction was made between justified non-ren

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LeVigne, Michele, and Gregory Van Rybroek. ""He Got in My Face So I Shot Him": How Defendants' Language Impairments Impair Attorney-Client Relationships." CUNY Law Review 17, no. 01 (2013): 69. http://dx.doi.org/10.31641/clr170103.

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Chaemsaithong, Krisda, and Yeonjeong Kim. "Actions, actors, and agency in the penalty phase of capital trials." Ibérica, no. 39 (January 2, 2020): 319–44. http://dx.doi.org/10.17398/2340-2784.39.319.

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This study critically scrutinizes the discursive practice of state killing in capital trials. The quantitative and qualitative analysis compares the experientially constitutive roles of lexico-grammatical choices in attributing agency to the actions of the defendant and victims in lawyers’ opening and closing speech in the penalty phase of a high-profile capital trial. Integrating Van Leeuwen’s social actor representation framework (2008) into Halliday’s transitivity analysis (1994), the study identifies the prosecution’s and defense’s polarized referential practice for the defendant and victi

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Ardinah, Ardinah, Prihadi Prihadi, Anwar Efendi, and Hartono Hartono. "Construction of the Argument for the Decision of the Jambi District Court No. 18/Pid.Sus-TPK/2023/PN Jmb." Journal of Languages and Language Teaching 12, no. 1 (2024): 416. http://dx.doi.org/10.33394/jollt.v12i1.9434.

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Indonesia has imposed penalties for criminal acts of corruption by sentencing defendants to additional crimes, in addition to the main crime through court decisions. As a text, a court decision is also a practice that uses language like any other text. Therefore, it cannot be denied to analyze the text using the field of forensic linguistic studies. This research aims to explore the argumentative structure of court decisions regarding criminal acts of corruption and additional crimes as argumentative texts. In his analysis, all legal considerations become the basis for decision making. The dat

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Nathan, Barrie Lawrence. "‘Ain’t Misbehavin’." Amicus Curiae 2, no. 1 (2020): 8–37. http://dx.doi.org/10.14296/ac.v2i1.5209.

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This article looks at recent cases of judicial misconduct and alleged judicial misconduct. These include examples of judicial bias, or the appearance thereof, in relation to parties and to lawyers and failure to recuse oneself, judicial reaction to press criticism, judges using their court computers to watch pornography, a judge responding to a defendant’s bad language by using bad language herself, a judge with outdated views about rape and whether another judge’s comments about rape in passing sentence were validly criticized. The way in which the Judicial Conduct Investigations Office and o

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Samarawickrama, Chamodi, Melonie de Almeida, Nisansa de Silva, Gathika Ratnayaka, and Amal Shehan Perera. "Legal Party Extraction from Legal Opinion Texts Using Recurrent Deep Neural Networks." Journal of Data Intelligence 3, no. 3 (2022): 350–65. http://dx.doi.org/10.26421/jdi3.3-4.

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Since the advent of deep learning based Natural Language Processing (NLP), diverse domains of human society have benefited form automation and the resultant increment in efficiency. Law and order are, undoubtedly, crucial for the proper functioning of society; for without law there would be chaos, failing to offer equality to everyone. The legal domain being such a vital field, the incorporation of NLP into its workings has drawn attention in many research studies. This study attempts to leverage NLP into the task of extracting legal parties from legal opinion text documents. This task is of h

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Aronsson, Karin, Linda Jönsson, and Per Linell. "The Courtroom Hearing as a Middle Ground: Speech Accommodation by Lawyers and Defendants." Journal of Language and Social Psychology 6, no. 2 (1987): 99–115. http://dx.doi.org/10.1177/0261927x8700600202.

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Jacobsen, Bente. "Interactional pragmatics and court interpreting." Interpreting. International Journal of Research and Practice in Interpreting 10, no. 1 (2008): 128–58. http://dx.doi.org/10.1075/intp.10.1.08jac.

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This article reports on an investigation of face in a triadic speech event, a prosecutor’s interpreter-mediated questioning of a defendant in a criminal trial at a Danish district court. The power differential of this particular speech event makes it inherently threatening for the less powerful individual, the defendant, who by consenting to make a statement potentially puts his face at risk in multiple ways. Moreover, his face-protecting strategies may result in the prosecutor’s face being threatened. Simultaneously, while attending to the face-work of the primary participants, the interprete

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Kadane, Joseph B., and Jonathan J. Koehler. "Certainty & Uncertainty in Reporting Fingerprint Evidence." Daedalus 147, no. 4 (2018): 119–34. http://dx.doi.org/10.1162/daed_a_00524.

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Everyone knows that fingerprint evidence can be extremely incriminating. What is less clear is whether the way that a fingerprint examiner describes that evidence influences the weight lay jurors assign to it. This essay describes an experiment testing how lay people respond to different presentations of fingerprint evidence in a hypothetical criminal case. We find that people attach more weight to the evidence when the fingerprint examiner indicates that he believes or knows that the defendant is the source of the print. When the examiner offers a weaker, but more scientifically justifiable,

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HARRIS, SANDRA. "Fragmented Narratives and Multiple Tellers: Witness and Defendant Accounts in Trials." Discourse Studies 3, no. 1 (2001): 53–74. http://dx.doi.org/10.1177/1461445601003001003.

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Gallez, Emmanuelle, and Anne Reynders. "Court interpreting and classical rhetoric." Interpreting. International Journal of Research and Practice in Interpreting 17, no. 1 (2015): 64–90. http://dx.doi.org/10.1075/intp.17.1.04gal.

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This case study is based on a transcript of an authentic criminal proceeding in a Belgian Assize Court, where Dutch is the official language and the French-speaking defendant receives simultaneous whispered interpretation of the prosecutor’s closing speech. Examining six excerpts from the speech, which is addressed to the judges and the lay jury, the analysis compares the Dutch original with the French interpretation. The specific focus of the study is the Aristotelian concept of ethos, i.e. the image the speaker seeks to convey of himself by foregrounding his professional expertise, integrity

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Archer, Dawn. "Impression management in the Early Modern English courtroom." Journal of Historical Pragmatics 19, no. 2 (2018): 205–22. http://dx.doi.org/10.1075/jhp.00019.arc.

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Abstract This paper draws upon three texts from the trial section of the Corpus of English Dialogues, in order to explore the tactical impression management strategies used by Early Modern English courtroom participants (defendants, judges, lawyers and witnesses). I will demonstrate that modern impression management strategies (identified with other activity types in mind) are in evidence in the texts, as are additional courtroom-specific strategies. I discuss the nuances of these impression management tactics, in light of (a) the obvious power differences between the participants involved, (b

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Claridge, Claudia. "Now in the historical courtroom." Journal of Historical Pragmatics 19, no. 2 (2018): 223–42. http://dx.doi.org/10.1075/jhp.00020.cla.

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Abstract The investigation of the pragmatic marker now in trial proceedings from 1560 to 1800 shows a genre-specific usage profile with regard to its uses and functions. Courtroom “professionals” (lawyers, judges and other officials) use now significantly more frequently than lay speakers (witnesses, victims and defendants). The former use it to segment and highlight stages in the argumentation, as well as to control and to disalign with others’ interactive behaviour. Self-defending litigants share these functional preferences to some extent, while all other lay persons use now for structuring

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Sargi, Islam. "Convince me you exist. An analysis of The Kurdistan Workers Party (PKK) court files." Religación. Revista de Ciencias Sociales y Humanidades 6, no. 27 (2021): 248–56. http://dx.doi.org/10.46652/rgn.v6i27.772.

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The end of empires and the rise of nation-states have transformed the way politics and societies operate and the modern sense of these changes, transformations, events, and situations. Language, culture, and memory are essential pillars of the nation-states’ projects of creating a new society. The modern form of government, the nation-state, use history not only as a means of transmission but also as a means of building identity and memory. This study examines the case files of three critical names in the Kurdish movement and the history-based debates in their trials. By applying discourse ana

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