Accommodating Language Difference: A Collaborative Approach to Justice in the Koori Court of Victoria

Stroud, Natalie

doi:10.2139/ssrn.2418070

Cited by 2 publications

(1 citation statement)

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“…Defendants' personal, family and social situations are examined in a 'power-sharing' legal context in which local cultural beliefs, lifestyles and practices (including ways of communicating) are recognized as central to the issues which need to be addressed in relation to the offender's actions, relationships and sentencing (see Marchetti & Daly 2007;Stobbs & MacKenzie 2009;Eades 2010: 225Á228). Stroud's (2006) initial investigations in the Koori Court in Victoria suggest that the participation of Aboriginal elders is an important factor in this court's recognition of cultural values and Aboriginal speaking styles. This positive development in the participation of Indigenous people in the legal process is, however, currently limited to some of the lower court matters where accused persons have pleaded guilty.…”

Section: Cultural Presuppositionsmentioning

confidence: 99%

Communication with Aboriginal Speakers of English in the Legal Process

Eades¹

2012

Australian Journal of Linguistics

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This paper provides an overview of sociolinguistic issues concerning communication in the legal process between non-Aboriginal people using General Australian English and Aboriginal people using other varieties of English. It draws on three types of evidence: published research, specific cases, and communication with Aboriginal people, lawyers, judges and magistrates. Specific cases exemplify distinctive Aboriginal features of English in grammar, accent, vocabulary, pragmatics, discourse structure and cultural presuppositions. The paper also considers some of the ways in which legal professionals are engaging with intercultural communication issues raised by sociolinguists. Despite some promising recent developments, a recent case highlights implications for other legal decision-makers, namely jurors.

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Section: Cultural Presuppositionsmentioning

confidence: 99%