International Journal of Speech Language and the Law最新文献

{"title":"An illusion of understanding: how native and non-native speakers of English understand (and misunderstand) their Miranda rights","authors":"A. Pavlenko, Elizabeth A. Hepford, S. Jarvis","doi":"10.1558/ijsll.39163","DOIUrl":"https://doi.org/10.1558/ijsll.39163","url":null,"abstract":"The purpose of the Miranda rights in the USA is to ensure that suspects know their fundamental rights under the law, yet even native speakers of English do not always understand their rights (Rogers, Rogstad, Gillard, Drogin, Blackwood and Shuman, 2010; Rogers, Rogstad, Steadham and Drogin, 2011). To evaluate their understanding, Grisso (1998) developed Miranda Rights Comprehension Instruments (MRCI), normed with native speakers and widely accepted in the legal community. Comprehension by second language (L2) speakers of English, on the other hand, is inferred based on their L2 proficiency, but no studies to date offer the scientific basis for causal connections between L2 proficiency and understanding of the Miranda rights. The purpose of the present study was to compare understanding of the Miranda rights among native (n = 82) and advanced L2 speakers of English (n = 183) to determine whether standardised assessments of L2 proficiency can predict comprehension of the Miranda rights. Our results show that most of our L2 participants failed to understand their Miranda rights and displayed significant disadvantages in basic level processing in comparison to native speakers. Furthermore, they were unaware of the failure: using linguistic resources at their disposal these advanced L2 speakers constructed alternative meanings that created an illusion of understanding.","PeriodicalId":43843,"journal":{"name":"International Journal of Speech Language and the Law","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2019-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45838492","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"IAFPA 2019 conference report","authors":"K. Earnshaw, Sula Ross","doi":"10.1558/ijsll.39874","DOIUrl":"https://doi.org/10.1558/ijsll.39874","url":null,"abstract":"","PeriodicalId":43843,"journal":{"name":"International Journal of Speech Language and the Law","volume":"181 1-2","pages":""},"PeriodicalIF":0.4,"publicationDate":"2019-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41297776","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Common Law in an Uncommon Courtroom, Eva N. S. Ng (2018)","authors":"K. Ng","doi":"10.1558/IJSLL.39354","DOIUrl":"https://doi.org/10.1558/IJSLL.39354","url":null,"abstract":"","PeriodicalId":43843,"journal":{"name":"International Journal of Speech Language and the Law","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2019-09-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41660259","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The effect of speaker sampling in likelihood ratio based forensic voice comparison","authors":"B. Wang, Vincent Hughes, P. Foulkes","doi":"10.1558/IJSLL.38046","DOIUrl":"https://doi.org/10.1558/IJSLL.38046","url":null,"abstract":"Within the field of forensic voice comparison (FVC), there is growing pressure for experts to demonstrate the validity and reliability of the conclusions they reach in casework. One benefit of a fully data-driven approach that utilises databases of speakers to compute numerical likelihood ratios (LRs) is that it is possible to estimate validity and reliability empirically. However, little is known about the stability of LR output as a function of the specific speakers sampled for use in the training, test and reference data sets. The present study addresses this issue using two large sets of formant data: Cantonese sentence final particle /a/ and British English filled pauses UM. Experiments were replicated 100 times varying the 1) training, test and reference speakers, 2) training speakers only, 3) test speakers only, and 4) reference speakers only. The results show that varying the speakers in all three sets has the greatest effect on system stability for both the Cantonese and English variables, with the Cllr varying from 0.60 to 0.97 for /a/ and 0.32 to 1.33 for UM. However, this variability is primarily due to the effects of uncertainty in the test set. Varying only the training speakers has the least effect on system stability for /a/ (Cllr range: 0.76 to 0.88), while varying reference speakers has the smallest effect for UM (Cllr range: 0.40 to 0.54). The results indicate that in LR-based FVC it is important to assess the stability of the system as a function of the samples of speakers used (Cllr range) rather than just reporting a single Cllr value based on one configuration of speakers in each set. The study contributes to the general debate on reporting uncertainty in LR computation.","PeriodicalId":43843,"journal":{"name":"International Journal of Speech Language and the Law","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2019-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45591930","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Formulaic metadiscursive signalling devices in judgments of the Court of Justice of the European Union: a new corpus-based model for studying discourse relations of texts","authors":"Aleksandar Trklja, Karen Mcauliffe","doi":"10.1558/ijsll.36920","DOIUrl":"https://doi.org/10.1558/ijsll.36920","url":null,"abstract":"This article investigates how paragraph-initial metadiscursive lexical items serve as signalling devices in text organisation of judgments of the Court of Justice of the European Union (ECJ). Building on established work in the field of linguistics that claims that legal reasoning can be understood from the utterances used in a text (Crystal and Davy 1969), the authors also consider the context in which judgments of the ECJ are produced and applied. The findings of the linguistic analysis carried out are contextualised within the unique multilingual setting of the ECJ, using Koestler’s theory of creativity and cognitive theories of text processing as the basis of analysis. That analysis leads to the conclusion that not only do language patterns found in ECJ judgments shape the method of reasoning used by that Court, but also that those judgments are made up of ‘almost wholly automised’ sub-codes of grammar and syntax.","PeriodicalId":43843,"journal":{"name":"International Journal of Speech Language and the Law","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2019-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46742107","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Acoustic characteristics of disguised speech: speaker strategies and listener error patterns","authors":"Allan B. Smith, Nealy Mason, Molly E. Browne, B. Sullivan","doi":"10.1558/IJSLL.38372","DOIUrl":"https://doi.org/10.1558/IJSLL.38372","url":null,"abstract":"A group of 13 participants were recorded in two conditions: 1) speaking normally and 2) altering speech to conceal their identity (i.e., disguised speech). Participants were not instructed how to disguise their speech because we were interested in which changes they would choose. A group of inexperienced listeners were largely inaccurate in matching participants' disguised speech to their normal speech. The largest changes between normal and disguised speech were in speaking rate, the first formant, fundamental frequency, and intensity. When listeners made correct matches, the pairs were similar in speaking rate and fundamental frequency (F0), as shown by significant correlations. Incorrectly matched pairs were not significantly correlated, suggesting that listeners were not making good use of acoustic cues during those decisions. Overall, the third formant (F3) and speaking rate appeared to be useful acoustic indicators of identity when matching normal and disguised speech samples. Of those two variables, F3 was apparently underutilised by listeners. The implications for what spontaneous speakers do to disguise their speech and what naive listeners attend to when identifying disguised voice are discussed.","PeriodicalId":43843,"journal":{"name":"International Journal of Speech Language and the Law","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2019-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43077351","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"International practices in forensic speaker comparisons: second survey","authors":"E. Gold, Peter French","doi":"10.1558/IJSLL.38028","DOIUrl":"https://doi.org/10.1558/IJSLL.38028","url":null,"abstract":"A survey relating to current practices in forensic speaker comparison testing was recently undertaken of 39 laboratories and individual practitioners across 23 countries. Questions were organised around a number of themes, including the preliminary assessment and preparation of case materials, the checking of analysts' work, frameworks used for the expression of conclusions, the use of automatic speaker recognition systems, the use of reference populations, and awareness of cognitive bias. Developmental trends in this area of forensic speech science are established by comparing responses to the present survey with those to the authors' earlier survey published in 2011.","PeriodicalId":43843,"journal":{"name":"International Journal of Speech Language and the Law","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2019-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44772206","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Questioning and answering strategies in Malaysian criminal proceedings: a corpus-based forensic discourse analysis","authors":"Ahmadshah Sani, N. Binti","doi":"10.1558/ijsll.20248","DOIUrl":"https://doi.org/10.1558/ijsll.20248","url":null,"abstract":"Courtroom discourse is widely studied (Matoesian, 1993; Cotterill, 2003; Heffer, 2005; Shuy, 2006; Eades, 2008) in the forensic linguistics and law and language fields. This investigation extends existing research on courtroom questioning in a new setting, that is, Malaysia’s adversarial criminal courts. While Malaysia has a hybrid trial system, which is based on the Anglo-American system due to British colonialism, in 1995 it moved to a non-jury system with judges giving verdicts, providing an opportunity to examine continuing effects of a post-colonial context for lawyers’ discourse. This study examines courtroom questioning strategies used to convince the judge(s) to accept lawyers’ versions of events and also the power of answers to resists barristers’ power and control. A corpus-based forensic discourse analysis approach is used to investigate a pilot corpus (the Shipman trial) and then to investigate 16 criminal cases. These feature Bahasa Malaysia, Malaysian English and mixed codes, constituting a small, specialised Malaysian criminal trial corpus, the MAYCRIM corpus, collected from the Sessions and High Courts of Malaysia. The corpus-based analysis reveals interesting patterns of lawyer questioning and witness resistance. Probing questions, that is wh-questions and indirect can you questions paired with material and verbal ‘process types’ (Halliday, 1985; Halliday and Matthiessen, 2004) maximise witnesses’ productivity, while challenge questions, such as SAY-questions and invariant tag questions, coerce through personalisation and quoting strategies that face-threaten witnesses in cross-examination. Despite lacking polarity, invariant tag questions with do you agree, correct/betul, agree/setuju, particle tak/not, and do you know have the same potential to perform control and power as canonical tag questions. In response, witnesses demonstrate resistance via disagreement, correction, evasion and challenge, demonstrating that witnesses are able to overcome the power asymmetry that is particularly pronounced in cross-examination, though not without costs. A continuum of witnesses’ resistance is suggested for legal practitioners to understand how their questions affect witnesses and at the same time help to prepare their witnesses for courtroom examination. This study makes three original contributions to theory, methodology and practice: 1) to enhance the field of courtroom questioning and pragmatics 2) to propose a range of corpus search terms that are useful for investigating courtroom questioning and 3) with implications for legal practitioners in general, and for Malaysian legal counsels in particular, and where the findings can be a point of reference for legal counsels and legal educators.","PeriodicalId":43843,"journal":{"name":"International Journal of Speech Language and the Law","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2019-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41954462","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Erratum: Connecting Language and Disciplinary Knowledge in English for Specific Purposes: Case Studies in Law by Alissa J. Hartig (IJSLL 25.2)","authors":"R. Powell","doi":"10.1558/ijsll.38856","DOIUrl":"https://doi.org/10.1558/ijsll.38856","url":null,"abstract":"Erratum Connecting Language and Disciplinary Knowledge in English for Specific Purposes: Case Studies in Law by Alissa J. Hartig (2017) Multilingual Matters xi +191 pp Reviewed by Le Cheng and Jiamin Pei https://journals.equinoxpub.com/IJSLL/article/view/37650 The print version of this article included an error which has been corrected in the online PDF.","PeriodicalId":43843,"journal":{"name":"International Journal of Speech Language and the Law","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2019-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45758009","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Functional linguistic variation in Twitter trolling","authors":"Isobelle Clarke","doi":"10.1558/IJSLL.34803","DOIUrl":"https://doi.org/10.1558/IJSLL.34803","url":null,"abstract":"Trolling is a multifunctional phenomenon, which varies considerably, not only in terms of the behaviours it displays and the perceptions of those behaviours, but also with respect to the platform and the community in which it resides. From a forensic perspective, trolling also varies in terms of that which is prosecutable to that which is not. Despite trolling being a linguistic act, little is known about how trolling varies linguistically. This article examines the functional linguistic variation within a corpus of Twitter trolling as a step towards distinguishing forensically significant trolling from the rest. The analysis reveals two major dimensions of linguistic variation, namely ‘interactive versus non-interactive' and ‘challenging versus non-challenging'. This second dimension reflects previous descriptions of trolling behaviours, specifically that they can be hostile and challenging, and that they post content that is not challenging but provocative. While no distinct types of trolling Tweets are found in this corpus, the findings provide a framework for quantifying the degree of a communicative function exhibited by a trolling tweet, which arguably could inform prosecuting decisions.","PeriodicalId":43843,"journal":{"name":"International Journal of Speech Language and the Law","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2019-03-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41967568","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}