What is forensic linguistics?
In ten words or
less, what is Forensic Linguistics? Forensic Linguistics is the application of
linguistics to legal issues. That is a starting point, but like all answers it
is imperfect and serves only to stimulate more questions. For example, what
does ‘the application of linguistics’
mean?
When Forensic
Linguistics is referred to as an application
of linguistics or, more concisely, an applied
linguistic science, the word applied
is not necessarily being used in the same sense as, for example, in the phrase applied statistics, where what is being
applied is a theory underpinning a particular science to the practice of that
science. Forensic Linguistics is, rather, the application of linguistic
knowledge to a particular social setting, namely the legal forum (from which the word forensic
is derived). In its broadest sense we may say that Forensic Linguistics is the
interface between language, crime and law, where law includes law enforcement, judicial matters, legislation,
disputes or proceedings in law, and even disputes which only potentially
involve some infraction of the law or some necessity to seek a legal remedy.
Given the centrality of the use of language to life in general and the law in
particular, it is perhaps somewhat surprising that Forensic Linguistics is a
relative newcomer to the arena, whereas other disciplines, such as fingerprint
identification and shoeprint analysis, are much older, having a well‑established
presence in judicial processes.
The application
of linguistic methods to legal questions is only one sense in which Forensic
Linguistics is an application of a science, in that various linguistic theories
may be applied to the analysis of the language samples in an inquiry. Thus, the
forensic linguist may quote observations from research undertaken in fields as
diverse as language and memory studies, Conversation Analysis, Discourse
Analysis, theory of grammar, Cognitive Linguistics, Speech Act Theory, etc. The reason for this reliance on a broad spectrum of linguistic
fields is understandable: the data the linguist receives for analysis may
require that something is said about how the average person remembers language,
how conversations are constructed, the kinds of moves speakers or writers make
in the course of a conversation or a written text, or they may need to explain
to a court some aspects of phrase or sentence structure.
In summary, we
can say that the forensic linguist applies linguistic knowledge and techniques
to the language implicated in (i) legal cases or proceedings or (ii) private
disputes between parties which may at a later stage result in legal action of
some kind being taken.
Legal Cases and Proceedings
In lay terms,
for the purposes of this discussion, we can envisage a legal proceeding as
consisting potentially of three stages: the investigative stage, the trial
stage and the appeal stage. The
investigative stage is also sometimes referred to as the intelligence stage. In this part of the process it is important to
gather information relating to the (alleged) crime. Not all of the information
which is gathered during investigations can be used in court, and so a linguist
who assists law enforcement officers during the intelligence stage may, in
fact, find that there is no requirement to give evidence at any subsequent
trial. Similarly, a linguist whose work is used at trial may not be required to
assist the court at the appeal stage, if the content of the appeal does not
include linguistic questions. On the other hand if linguistic evidence which
was not available at the earlier stages comes to light while the appeal is
being prepared, then this may be the stage at which the linguist is called in
to give an opinion.
The investigative stage
Typically,
requests for linguistic analysis originate with law enforcement departments or,
in some countries, at the invitation of an investigating magistrate. Examples
of linguistics intelligence work have included analysis of ransom notes,
letters purporting to provide information on a case, mobile (cell) phone text
messages, and specific threat letters. Linguists have also been asked to
analyse texts purporting to be suicide notes. Even though the police in such cases
may not suspect foul play, it could be
important to attempt to establish whether the questioned text can throw any
light on the cause or circumstances of death.
Also at the
investigative stage, the police may need to have an opinion on a text or an
interview tape, perhaps to assist in developing interview and interrogation
strategies. It is unlikely that anything a linguist says about veracity (using
techniques similar to statement analysis)
would be acceptable evidence in court, which is why this kind of linguistic
analysis is usually confined to the investigative stage.
The trial stage
At the trial
stage any one of a number of types of linguistic analysis may be called for,
including questions of authorship (Who
wrote the text?/Who is the speaker in
this recording?), meaning and interpretation (Does this word mean x, y or something else?), threat analysis (Does the text contain a threat?), or text provenance and
construction (Was the text dual‑authored?
Was it written rather than spoken? etc). The inquiry could
be of a civil or criminal nature, and this will determine the level of ‘proof’
acceptable to the court in question. Usually, the forensic linguist is
instructed some time before a case gets to court. An expert report is submitted
to the instructing legal team — either for the prosecution or the defence (or
the plaintiff/claimant in a civil case). Even though the linguist prepares a
report for one ‘side’ in a case rather than the other, it is the court for whom
the work is really done. The first duty of the linguist — like that of any
other forensic expert — is to the court, and not to the client on whose behalf
the analysis was originally carried out.
The appeal stage
If a defendant
is convicted of a crime it is not uncommon, especially these days, for the
defence legal team to launch an appeal almost immediately. The structure and
nature of appeals varies from country to country, and in some countries appeals
centre on the claim that new evidence has been made available, or that existing
evidence should be looked at in new ways. It is becoming increasingly common
for linguists to be called in to assist legal counsel at the appeal stage,
either because there may be some dispute about the wording, interpretation or
authorship of a statement or confession made to police, or because a new
interpretation of a forensic text (such as a suicide or ransom note) may have
become apparent since the conviction.
Private disputes
A not
inconsiderable part of the forensic linguist’s work consists of private cases.
By this is meant that the work is commissioned by private individuals not
involved in litigation at the time of the commission. Such cases include
identifying the author of anonymous hate mail, the investigation of plagiarism
for a school or university, or on behalf of a student accused of plagiarism. It
sometimes happens that the linguist’s report may have an influence on the
client’s decision to take matters further, either in a civil or a criminal
court, but this is not common. Usually, what happens is that the report is
submitted and the client deals with the matter internally — either within a
university department, a business organisation, or, as may also be the case,
within a family.
