Speaking of Crime The Language of Criminal Justice

ISBN-10: 0226767930

ISBN-13: 9780226767932

Edition: 2005

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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 JonBeneacute;t 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.
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Book details

Copyright year: 2005
Publisher: University of Chicago Press
Publication date: 2/1/2005
Binding: Paperback
Pages: 264
Size: 6.00" wide x 9.00" long x 0.75" tall
Weight: 1.144
Language: English

Acknowledgments
A Good Time to Study the Language of Criminal Justice
Language and the Criminal Law
The Language of Police and Suspects
Linguistic Evidence Crimes of Language Some Goals and Limitations
Linguistics in the Law
The Subsystems of Language
Word Meaning: Two Ways of Thinking Discourse and Inferences from Context
Linguistics in the Courts
Linguistics and the Admissibility of Expert Evidence in American Courts
Gathering the Evidence
"Consensual" Searches
The Bustamonte Case
Requests versus Commands
Consenting Racial Profiling
Conclusion
Interrogation, Confession, and the Right to Counsel Invoking the Right to Counsel
The Meaning of "Interrogation"Interrogation and the Problem of False Confessions
Conclusion
Understanding Miranda
The Rise of Miranda
Reading Rights
Suspects with Low Intelligence or Mental Problems Juveniles
Suspects Whose Native Language Is Not English Deaf Defendants
How Can Comprehension Be Improved?
Conclusion
Linguistic Evidence in Court
Exact Words
Forget about It: Human Memory for Verbatim Speech
The Legal System's Response: Substance Is Good Enough
Jailhouse Informants
Language Crimes without the Language
Conclusion
Who Said That?
Legal Standards for Identifying Speakers
Voice Recognition Research and the Reliability of Identifications
Expert Speaker Identification
Conclusion
Who Wrote That?
Hauptmannand the Document Examiners
Leaving It to the Jury
The Return of the Experts?
Some Promise for an Improved Science of Authorship Attribution
Some Easier Cases
Conclusion
Crimes of Language
Solicitation, Conspiracy, Bribery
Solicitation
Conspiracy Bribery
Threats
What Constitutes a Threat?
Indirect and Ambiguous Threats
Political Hyperbole
Conclusion
Perjury
The Bronston Case
Did Clinton Lie?
Perjury and Lying Conclusion
Where Do We Go from Here?
Law Enforcement
Legislatures and the Executive Branch
Courts Attorneys
Linguists, Psychologists, and Other Scholars
Notes
Index
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