The linguist as expert witness

Coulthard, Malcolm

doi:10.1558/lhs.2005.1.1.39

Cited by 6 publications

(3 citation statements)

References 8 publications

(5 reference statements)

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“…Without specifically delving into the topic of translation experts, forensic linguistics scholars have clarified and emphasized the contribution that linguists and other language experts can make in legal texts before the courts (see Solan 1998;Tiersma and Solan 2002;Guillén Nieto 2011;Coulthard 2005Coulthard , 2020. However, these authors point out that, owing to a lack of understanding of what linguists actually do, together with fears that linguists will overstep their role and that the interpretation of language is the province of the judge or the jury, courts may consider that they are not needed, disregard their conclusions, or fail to select such experts diligently.…”

Section: Courts Calling Upon Expert Witnesses Concerning a Translatio...mentioning

confidence: 99%

Translation in Libel Cases: Reputations at Stake!

Scott¹,

O'Shea²

2022

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In this paper we examine translation arising in court cases involving reputational damage. A diachronic and tightly focused cross-jurisdictional selection of examples from case law is used to highlight the range of ways in which translation can be employed, blamed, or relied upon by the parties and by the courts, and we glimpse how translations can be a source of libel, a defence against libel, or a gateway to libellous material, how crucial translation can be in protecting or damaging reputations, and how significantly it can affect a case’s outcome. We apply Engberg’s lens for communication in legal contexts, distinguishing micro, meso and macro occurrences of translation at publisher/business/individual, judicial, and State levels. Recurring translation-related topics either mooted by courts or arising in our analysis are then outlined, including: competing translations; translation techniques; translator identification; online translation; how the acceptance of jurisdiction may be influenced by translation requirements; and how judges approach decision-making when foreign language documents and translation are involved.

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Section: Courts Calling Upon Expert Witnesses Concerning a Translatio...mentioning

confidence: 99%

Translation in Libel Cases: Reputations at Stake!

Scott¹,

O'Shea²

2022

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“…There are no studies devoted to examining specifically the professional identity of the forensic linguist and, as indicated in the introduction, what we do know is based on reports by forensic linguists writing about their own experience of providing expert evidence (e.g. Coulthard 1997Coulthard , 1998Coulthard , 2005Coulthard and Johnson 2007;Coulthard et al 2010;Durant 1996;Grant 2013 and2017;Olsson 2008;Shuy 1993Shuy , 2000Shuy , 2002Shuy , 2006Shuy , 2008Shuy and 2010. Among the topics one can find in the reports are the choice of method (e.g.…”

Section: Previous Studies On Professional Identity Constructionmentioning

confidence: 99%

‘I consider myself to be a service provider’: Discursive identity construction of the forensic linguistic expert

Clarke

Kredens

2018

IJSLL

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This article reports on a research project investigating the professional identity of linguists as experts in legal and forensic settings. It reveals how they construct that identity discursively and intersubjectively. The analysis adopts a social constructionist perspective whereby the ways in which the experts talk and make sense of their professional experience are seen as identity building. Using interview data and the combined methodologies of corpus-assisted discourse studies (CADS) and thematic analysis (Braun and Clarke 2006), we identify a number of discursive resources the experts draw on. These include knowledge and expertise, professional and social duty, and aspects of their professional practice. At the same time, the experts construe their professional experience by reference to what they do not, and should not, do. We suggest that 'forensic linguist' is a shared identity with its own set of competencies, practices and obligations, although the profession is potentially still in development and/or is auxiliary to law enforcement.

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“…However, such discursive privileges do not come uncontested: experts do struggle in the courtroom, and they may face interactional problems (Coulthard, 2005, 2010; Maley, 2000; Solan, 2010). Maley (2000: 250) observes thatexpert witnesses, particularly if they are new and inexperienced, tend to be quite unaware of the extent to which shaping and construction of evidence goes on .…”

Section: Introduction1mentioning

confidence: 99%

Performing self on the witness stand: Stance and relational work in expert witness testimony

Chaemsaithong

2012

Discourse & Society

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Underpinned by the assumption that social categorizations emerge from discursive practices performed within the interactional context, this study examines the discursive process in which an expert witness constructs and negotiates persuasive courtroom accounts. Using insights from the concept of 'footing' and the framework of stance and engagement, this study reveals the ways in which an expert witness calls upon a range of interactional devices to appropriate the desired footing and labeling category. The findings suggest that instead of asserting their dominance and expertise over the interlocutors, experts construct and negotiate their identity by aligning with other participants and establishing a relationship with them. All this is done within the broad constraints of courtroom discourse.

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The linguist as expert witness

Cited by 6 publications

References 8 publications

Translation in Libel Cases: Reputations at Stake!

Translation in Libel Cases: Reputations at Stake!

‘I consider myself to be a service provider’: Discursive identity construction of the forensic linguistic expert

Performing self on the witness stand: Stance and relational work in expert witness testimony

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