The Language of Perjury Cases


Book Description

The Language of Perjury Cases outlines the contributions that linguistics can make to both the gathering of evidence and the way that evidence is analyzed in perjury cases. Roger W. Shuy describes eleven representative lawsuits—involving bankruptcy, unions, hunting licenses, doctors, priests, and Senators—for which he served as a consultant. Shuy's linguistic analysis illustrates how grammatical referencing, speech acts, discourse structure, framing, conveyed meaning, intentionality, and malicious language affected the outcome of these cases.




From Lying to Perjury


Book Description

This volume provides new insights on lying and (intentionally) misleading in and out of the courtroom, a timely topic for scholarship and society. Not all deceptive statements are lies; not every lie under oath amounts to perjury—but what are the relevant criteria? Taxonomies of falsehood based on illocutionary force, utterance context and speakers’ intentions have been debated by linguists, moral philosophers, social psychologists and cognitive scientists. Legal scholars have examined the boundary between actual perjury and garden-variety lies. The fourteen previously unpublished essays in this book apply theoretical and empirical tools to delineate the landscape of falsehood, half-truth, perjury, and verbal manipulation, including puffery, bluffing, and bullshit. The papers in this collection address conceptual and ethical aspects of lying vs. misleading and the correlation of this opposition with the Gricean pragmatic distinction between what is said and what is implicated. The questions of truth and lies addressed in this volume have long engaged the attention of scholars in linguistics, philosophy, psychology, cognitive science, organizational research, and the law, and researchers from all these fields will find this book of interest.




Perjury


Book Description

On August 3, 1948, "Time" magazine editor Whittaker Chambers made a stunning allegation before the House Un-American Activities Committee: Alger Hiss, former high-ranking State Department official, had served with him in the Communist underground. Hiss's defense was the gripping story of its day, and the question of his guilt remains an enigma. This book provides fascinating insights into the case and into the American political life of the 1930s and 1940s. of photos.




The Language of Murder Cases


Book Description

The Language of Murder Cases describes fifteen court cases for which Roger Shuy served as an expert language witness, and explains the issues at stake in those cases for lawyers and linguists. Investigations and trials in murder cases are guided by the important legal terms describing the mental states of defendants-their intentionality, predisposition, and voluntariness. Unfortunately, statutes and dictionaries can provide only loose definitions of these terms, largely because mental states are virtually impossible to define. Their meaning, therefore, must be adduced either by inferences and assumptions, or by any available language evidence-which is often the best window into a speaker's mind. Fortunately, this window of evidence exists primarily in electronically recorded undercover conversations, police interviews, and legal hearings and trials, all of which are subject to linguistic analysis during trial. This book examines how vague legal terminology can be clarified by analysis of the language used by suspects, defendants, law enforcement officers, and attorneys. Shuy examines speech events, schemas, agendas, speech acts, conversational strategies, and smaller language units such as syntax, lexicon, and phonology, and discusses how these examinations can play a major role in deciding murder cases. After defining key terms common in murder investigations, Shuy describes fifteen fascinating cases, analyzing the role that language played in each. He concludes with a summary of how his analyses were regarded by the juries as they struggled with the equally vague concept of reasonable doubt.




The Language of Fraud Cases


Book Description

The Language of Fraud Cases describes eight court cases that Roger W. Shuy consulted on, and demonstrates the role of linguistic analysis in defining fraudulent language in the context of law.




Speaking of Crime


Book Description

Why do so many people voluntarily consent to searches by have the police search their person or vehicle when they know that they are carrying contraband or evidence of illegal activity? Does everyone understand the Miranda warning? How well can people recognize a voice on tape? Can linguistic experts identify who wrote an anonymous threatening letter? Speaking of Crime answers these questions and examines the complex role of language within our criminal justice system. Lawrence M. Solan and Peter M. Tiersma compile numerous cases, ranging from the Lindbergh kidnapping to the impeachment trial of Bill Clinton to the JonBenét Ramsey case, that provide real-life examples of how language functions in arrests, investigations, interrogations, confessions, and trials. In a clear and accessible style, Solan and Tiersma show how recent advances in the study of language can aid in understanding how legal problems arise and how they might be solved. With compelling discussions current issues and controversies, this book is a provocative state-of-the-art survey that will be of enormous value to legal scholars and professionals throughout the criminal justice system.




Creating Language Crimes


Book Description

This book by Roger W. Shuy, the senior figure in forensic linguistics, is the first to explain in an accessible way the vital role that linguistic evidence and its proper analysis play in criminal investigations. Shuy provides compelling case studies of how language functions in investigations involving, among others, wired undercover operatives, and the interrogation of suspects. He makes the point that language evidence can be as important as physical evidence, but yet does not enjoy the same degree of scrutiny by investigators, attorneys, and the courts. Beyond this, however, his more controversial thesis is that police frequently misuse or manipulate language, using various powerful controversial strategies, in order to intentionally create an impression of the targets' guilt or even to get them to confess. This book makes its case by analyzing a dozen criminal cases involving a variety of crimes, such as fraud, bribery, stolen property, murder, and others. About half involve co-operating witnesses who do the tape recording, and the other half undercover police officers. These cases demonstrate how undercover operatives use different conversational strategies, such as overlapping conversation, ambiguity, interruption, refusing to take "no" for an answer, and others to create a negative impression of the targets on later listeners. Creating Language Crimes provides a fascinating window into a little-known and discussed facet of law enforcement. It will appeal to anyone concerned with language (particularly sociolinguists and discourse analysts), as well as to those involved in law enforcement and criminal cases.




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




Linguistics and Law


Book Description

Linguistics and Law offers a clear and concise introduction to making sense of the law through linguistics. Drawing on lexical semantics, syntax, and pragmatics to interpret both written and spoken laws, this book: addresses how to interpret legal documents such as contracts, statutes, constitutional provisions and trademarks; provides thorough analyses of "language crimes" including solicitation, perjury, defamation, and conspiracy, as well as talk between police and criminal suspects; analyzes the Miranda warning in depth; tackles the question of whether there is a "language" of the law; draws on real-life case studies to aid understanding. Written in an approachable, conversational style and aimed at undergraduate students with little or no prior knowledge of linguistics or law, this book is essential reading for those approaching this topic for the first time.




An Introduction to Forensic Linguistics


Book Description

Overview of the interface of language and the law, illustrated with authentic data and contemporary case studies. Topics include collection of evidence, discourse, courtroom interaction, legal language, comprehension and forensic phonetics.