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SIAK- InternAtIonAl edItIon 2014

Forensic Linguistics –
Challenges and Opportunities

Blackmail letters, threatening letters, defamatory letters, ransom notes, accusatory letters
and claims of responsibility constitute criminal offenses and/or are drafted in the context
of criminal offenses. The question of authorship is therefore often of crucial importance,
since appropriate answers allow for inferences regarding the identity of the offender.
Analyzing such texts is the task of forensic linguistics or, to be more precise, authorship
attribution or author identification. Authorship identification is based upon the recog ­
nition that the authors of incriminating texts usually think about what they want to com­
municate to the victim (or the recipient) but barely about how they communicate. In
other words, authors tend to be unaware of the fact that the language that they use is, in
eiLika fobbe,
and of itself, a clue worth investigating. Forensic text analysis involves both the analysis
Employee of the Federal State of single incriminating texts and comparative analyses. This article addresses possible
of Brandenburg, Lecturer
at the University of Bremen.
areas of application of this relatively recent ancillary discipline of criminology, and pres­
ents a number of specific examples in order to illustrate the potential contributions of
linguistics to criminal investigations, elucidating both the methods and procedures used
and the insights that they might yield.

1. Linguistics as an copyright law and its infringements (i.e.,


anciLLary discipLine of plagiarism) or when it comes to contested
criminoLogy and juris­ interpretations of texts or utterances. The
prudence second application can be relevant for a
As indicated both by its name and its intend- number of different areas of the law, in­
ed role, forensic linguistics is primarily cluding contract law, product liability law,
an ancillary discipline of criminology. In and competition law. Should the court be
other words, forensic linguistics involves unable to commit itself to a specific inter­
the application of the methods and proce- pretation of a contested phrase or text, it
dures of and insights gained from linguis- may decide to use a linguist as an expert
tic research to texts that are deemed rele- witness. Non-linguists must often concede
vant in a criminal investigation. The most that they understand an utterance in a
common question that forensic linguistics certain way without being able to make
is expected to answer concerns the author- it transparent how they came to endorse
ship of a specific text. In addition, author- a specific interpretation. In such cases, a
ship attribution sometimes also plays a role linguistic expert is called upon to provide
in civil law1, for example in the context of a description of the relevant linguistic

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rules, as well as grammatical and textual executive Hanns Martin Schleyer), the
dimensions, in order to demonstrate how investigating authority hoped to be able
someone might come to favor a specific to make inferences regarding the possible
interpretation. This procedure might lead authors and, indirectly, regarding possible
to two different conclusions: either one of accomplices. The 1980s and 1990s saw
the interpretations is clearly more plau­ several major criminal trials in which phi­
sible than the other, or both parties may lologists and linguists were used as expert
be equally right (for example, because the witnesses. Because these trials attracted
text contains an ambiguous phrase).2 considerable media attention, the wider
public also started to become aware of the
The recognition that the tools of linguis­ possible benefits of using linguistic textual
tic analysis might be used in the context analysis in the context of criminal law.
of incriminating texts dates from the end Since then, it has become common prac­
of the 1960s. A pivotal event that pushed tice to rely on linguistic expertise in cases
forward this recognition was the convic­ of blackmail and confession.
tion of serial killer John Reginald Christie
in the UK (Coulthard/Johnson 2010, 5). Some years ago, most texts were draf­
Christie confessed to murdering over a ted manually or using a typewriter. Today,
dozen women and his confession led to most people use word processing software
the exoneration of Timothy John Evans, or email services for this purpose and, as a
another suspect previously condemned to result, the examination of handwritten and
death. In 1967, Jan Svartvik, a linguist at typewritten items has become obsolete.
the University of Gothenburg, performed What remains is the text itself, the linguis­
a posthumous analysis of Evans’ witness tic analysis of which includes the structure
statement, which provided indirect cor­ of form and content, style, and errors. The
roboration for his innocence. Svartvik’s analysis encompasses all levels of the text,
analysis showed a clear stylistic difference including diction, syntax, spelling, punc­
between those parts of the text in which tuation, recognizable formal characteris­
Evans ostensibly confessed to the murder tics and, last but not least, the overall im­
and the rest of his testimony, which, in pression.
turn, led to the conclusion that the relevant Even though forensic linguistics is a very
passages constituted the interpretation of particular and heavily practice-oriented
the interrogating police officer rather than area of application, it still is a subdiscipline
Evans’ verbatim statements. The subtitle of linguistics. Some of the key challenges
of Svartvik’s stylistic analysis (“a case therefore involve finding scientifically
for forensic linguistics”) has served as justified and legally admissible answers to
the name of this new subfield of linguistic specific questions raised by investigators
inquiry ever since (Svartvik 1968). or a court of law. Such questions might
In Germany, the Federal Criminal Po­ include whether a given person might have
lice Office first started to acknowledge the authored a given text or whether some text
potential value of stylistic analyses in the might have been authored by a non-native
context of its investigations relating to the speaker. The first step is to translate these
“Red Army Faction” (RAF) terrorist group questions into scientific questions that can
in the 1970s. By analyzing letters claiming be answered using linguistic methods and
responsibility for various acts of terror­ procedures. For example, linguistics does
ism (especially the abduction of business not have the tools to confirm that a certain

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text has been authored by a given person. 2. the tasks of forensic


However, assuming that a linguist receives Linguistics
item A that has demonstrably been au­ The key objective of forensic text analysis
thored by the person in question, he or she is authorship attribution (also called author
will probably be able to determine whether identification), since the author’s identi­
item B, an anonymous incriminating text, ty often serves as an indication of the
has been authored by the same person. offender’s identity. There are two main
Although such distinctions might be mis­ procedures of forensic text analysis: single­
construed as unnecessary hairsplitting, in item analysis and comparative text analy­
fact they act as a safeguard against giving sis. When the expert has a single piece of
unsubstantiated answers to questions that, text, the primary aim of the analysis is to
using its current methods and level of work out biographical information about
knowledge, linguistics is not (yet) able to (i.e., categorize) the author. Subsequently,
address conclusively. the results of such categorizations might be
included in the offender’s personal profile.
Investigators often call upon linguistic
experts after other forensic methods have 2.1 Categorizing an anonymous author
been exhausted, although the analysis of Biographical information becomes appar­
incriminating texts could, in many cases, ent in a person’s language use to the extent
produce important insights in the initial that it is associated with the acquisition
stages of an investigation as well. This or development of linguistic competence.
tendency is frequently associated with a The analysis of style and errors (and, in
lack of (appropriate) knowledge regarding certain cases, of text structure) might give
the possibilities of linguistic analysis, as a some indication of the following areas:
result of which its potential often remains
unexploited. The linguistic features of a Level of education
text (such as a conspicuously large number The author’s level of education becomes
of errors) might, in certain cases, exhibit apparent in the incidence of errors, the
specific patterns that are not immediately way of expression, and the extent to which
noticeable to the average observer. For the text conforms to the norms of the given
example, whereas a non-linguist might genre. However, since certain genres like
attribute a large number of errors to a lack that of blackmail letter have no prescrip­
of solid writing skills, linguistic analysis tive norms, authors tend to follow the rules
might reveal that, in fact, they are the pertaining to business letters or requests
result of a deliberate camouflage strategy. submitted to administrative agencies. If
The technology requirements of linguistic an author manages to preserve the appro­
analysis are relatively modest. Since physi­ priate style throughout the text, uses foreign
cal form is irrelevant and the analysis only words correctly, and writes without many
concerns the text itself (including its con­ errors, this can serve as an indication of the
tent and structure), digital copies are ap­ author’s writing skills and, concomitantly,
propriate for its purposes (cf. Dern 2009, his or her level of education. Further indi­
62). By contrast, handwritten copies can­ cations of higher levels of education (in­
not be used, since humans tend to unwit­ cluding possibly a tertiary degree) include
tingly introduce modifications into the text a clear structure and rigorous organization.
which render it useless.3 Common signs of lower educational levels
are spelling mistakes (especially in the

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case of foreign words like intelligance, ex­ Native speaker competence


ceed or potasium), incorrectly used words The question of native speaker compe­
(such as circuli vitiosi instead of circulus tence becomes relevant if the author makes
vitiosus or vicious circle)4, contaminations a large number of errors or the author in­
(such as irregardless instead of regardless dicates that he or she is of foreign origin.
or irrespective)5, and stylistically awkward In such cases, the main focus of inquiry is
formulations (such as lets assume You are whether the language competence mani­
anxious that proceedings are proceeded fested in the text is that of a genuine non­
with)6. Specific formulations may also be native speaker or that of a native speaker
indicative of educational levels by virtue wanting to appear as a foreigner. In order
of revealing something about the author’s to be able to recognize such shams, it is
general knowledge (we will exert some crucial to gather data concerning the
influence on the stock exchange and the errors committed by authors trying to pres­
Internet)7. ent themselves as non-native speakers in
a systematic way.8 Provided that there is
Writing skills some indication that the author might not
Another characteristic closely associated be a native speaker, so-called mistakes of
with that of the level of education is the inference might, in an ideal case, shed some
question of whether the author is a pro­ light on the author’s native language.9 So­
fessional whose job involves writing. One called false friends (i.e., pairs of words
might make the general assumption that that sound similar in both languages but
persons with higher levels of education are differ significantly in meaning) are of
more likely to have a job that requires writ­ crucial importance in this context. For ex­
ing skills. Text segmentation and layout, ample, the primary meaning of the Russian
as well as the use of connectors like con­ word спектаклъ (spectacle) is perform­
junctions (e.g., although, if), adverbs (sub­ ance, whereas this meaning is obsolete in
sequently, heretofore), pronouns (he, those) German, and the primary meaning of the
and segmentation marks (e.g., numbered word Spektakel is noisy disturbance.10 If a
lists or internal references like the former, letter contains both substantive references
the latter, see above, or in conclusion), to Russia and false friends of this kind, this
can also play an indicative role. Clear in­ would strongly suggest that the author has
dications of a “writing profession” include (very) good Russian language skills and
formulations and characteristic textual ele­ might even be a native speaker of Rus­
ments that demonstrate the author’s ability sian.11
to comply with the specific norms of writ­
ing business letters (rather than just a fleet­ Qualifications/occupation/specialized
ing familiarity). Moreover, Dern (Dern knowledge
2003, 49) suggests that a German individ­ In some cases, for example of product
ual who went to school before 1996 and extortion, offenders tend to make very
thus learned the pre-reform spelling rules specific statements regarding their actions,
but works at an organization that officially which often contain references to special­
requires its employees to follow the new ized knowledge. By analyzing relevant
spelling rules implemented in 1996 might phrases, a forensic linguist might be able to
tend to mix obsolete forms with current determine whether the author has, in fact,
ones. Such a tendency might allow for a acquired this specialized knowledge in the
rough estimation of the author’s age. course of professional or personal activ­

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ities or, alternatively, they are only trying to unlikely that the author would consistently
create the impression that they have some misspell the word Trottel. In the regional
kind of specialized knowledge. Technical dialect of Southern Germany, Trotteln is
language use might manifest itself not only considered to be the accurate plural form of
in specific words and their inflection (e.g., Trottel and, thus, this usage might give an
sands or milks as technical plural forms in indication of the author’s region of origin.13
geology or the milk industry), but also in
groups of words or phrases. Readers lack­ In most cases, it is impossible to make
ing the relevant specialized knowledge any conclusive inference regarding the
might wrongly identify technical language author’s gender. Although impressions
use as an error or peculiarity. However, it like “women are more loquacious than
should be noted that technical terms in­ men” or “women tend to make moral and
creasingly find their way into standard social arguments more often than men”
language (“technicalization”) and, even in might sometimes be based on personal
the most arcane fields, vast quantities of experience, they are scientifically unten­
digital information have become acces­ able. By contrast, depending on the type of
sible to almost anyone. communication, a linguist might be able to
categorize authors in terms of their age, if
Region of origin only in a rudimentary way, such as “young
The author’s region of origin might mani­ person,” “adult” or “elderly person”
fest itself in regionalisms or dialect (Schall 2004, 558). In this context, written
e x pressions. The way in which authors manifestations of developments in the spok­
write might reflect the way in which they en standard language, more specifically
speak, including some phonetic character­ the use of substandard neologisms, vogue
istics of their local dialect. For example, words or newly coined phrases, might be
if an author misspells the word “bedrän­ indicative (Schall, ibid.). Non-compliance
gen” (to hassle) as “beträngen”, this might with established conventions of the genre
indicate that they come from a Mid-Ger­ might also be suggestive. For example, in
man or Southern German dialect region, a nationwide online blackmail campaign in
in which speakers tend to pronounce the Germany, the offenders ended their incrim­
voiced consonants b, d and g with greater inating messages with the informal phrase
energy (“fortition”), making them more Liebe Grüße (Best wishes) rather than the
similar to their unvoiced counterparts p, t more formal expression Mit freundlichen
and k. Additionally, the author’s regional Grüßen (Sincerely yours) that might ha­
origin might become apparent at the ve been preferred by adults familiar with
level of inflection as well. A case in point the rules of writing a business letter. The
is an anonymous letter sent to a Member initial inference that the authors might be
of Parliament in Germany, which contains young was later confirmed when the offend­
two instances of the inflected form “Trot­ ers were identified as young adults bet­
teln” (dorks)12. In standard German, the ween the ages of 17 and 23.14
plural of Trottel (dork) is Trottel rather
than Trotteln, which might lead to the con­ 2.2 Authorship attribution
clusion that the author committed an error. Whereas the primary aim of single-item
However, the letter only contains one fur­ analyses is the rudimentary categorization
ther spelling mistake (the conjunction dass of the author, comparative analyses of two
is spelled as das) and therefore it is very or more reference texts and an incriminat­

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ing text, or of two or more incriminating “linguistic fingerprint” might be ubiqui­


texts, are performed with the objective of tous in media reports, they should be taken
authorship attribution. The most common with a grain of salt. They are mere meta­
configurations are the following (Schall phors, relying on well-known images
2004, 560). The linguist, (a) uses refer­ and used with the aim of making linguis­
ence items in order to examine whether a tic findings more accessible to the pub­
suspect is likely to have authored a spe­ lic. From a linguist’s perspective, there
cific incriminating text (which might lead are at least three crucial differences bet­
to the suspect’s exoneration), (b) investi­ ween a person’s idiolect and their biologi­
gates whether multiple incriminating texts cal fingerprint. Unlike their fingerprint, a
associated with a single criminal offense person’s idiolect (a) is not stable over time,
could have been written by the same (b) is not truly individual, i.e., there are no
author or (c) conducts an analysis in order linguistic characteristics that can be attri­
to determine whether two or more criminal buted to a sole person only and (c) can­
offenses might be related to each other, not be easily distinguished from another
based upon similarities between the in­ person’s idiolect.
criminating texts associated with each.
When taken at face value, certain crimi­
Such analyses are performed in two nal cases seem to prove the contrary,
steps: all relevant texts are subjected to perpetuating the myth of linguistic finger­
a single-item analysis, which is followed prints that pinpoint a specific individual.
by a comparative analysis. For example, However, the truth is that certain expres­
if the linguist has identified specific con­ sions frequently used by a person can ac­
figurations of errors in one of the texts, he quire salience in the course of an investi­
or she will examine the incidence of the gation and ultimately serve as a critical
same kinds of errors in the other text(s) piece of evidence that links the offender to
as well. The more similar the texts are in the offense. A case that was truly spectacu­
terms of writing style, the more reason to lar in this regard is that of the so-called
conclude that their authors are identical. “Unabomber,” an anonymous perpetrator
However, such conclusions are always who, well into the 1990s, would regular­
formulated probabilistically and forensic ly send mail bombs to US universities and
linguists almost never use the expression airlines (hence the name). Ultimately, the
“with a probability bordering on certain­ offender wrote a letter in which he prom­
ty”, which is very commonly used for ised to stop the killings provided that a
other kinds of forensic evidence. The rea­ 30-page manuscript that he had authored
son for such caution is usually not a lack was published. After the letter had been
of clear indications of identical authors but made public, a man reported to the FBI
is rather due to theoretical reasons having that the phrase “coolheaded logician”,
to do with the nature of language as which appeared in the letter several times,
an object of inquiry. Since any natural strongly reminded him of his brother’s way
language is used by individual speakers of expressing himself. By no means did
and shared by a community at the same this phrase uniquely identify the brother;
time, it is impossible to establish a one­ however, as a characteristic element,
to-one correspondence between any sin­ it caught the other brother’s attention,
gle utterance and a single speaker or vice whereas to outsiders it was just an express­
versa. As such, although expressions like ion like any other. Subsequently, police

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officers conducted a search in the incrimi­ identify those suspects that participated
nated brother’s house and found a shorter in the drafting process.15 However, from
text that contained a series of expressions a linguistic perspective, this task is nearly
that had been used in the 30-page manu­ impossible to accomplish since, in addi­
script as well. The brother’s authorship tion to establishing authorship, the foren­
of the manuscript and, concomitantly, his sic linguist would also require the ability
responsibility for the letter bomb killings to distinguish between multiple authors
was established using comparative linguis­ within a single text. The situation is usually
tic analysis (Coulthard 2004, 432 et seq.). further complicated by the fact that cer­
tain passages have been taken from other
A similar case, in which a compara­ publications and/or are treated as shared
tive linguistic analysis yielded crucial resources within a given community
evidence, occurred in Germany two years (Fobbe 2011, 45). In the trial of an animal
ago. In March 2011, an individual planted rights activist that took place in Vienna in
explosives near the soccer stadium in the 2012, the authorities were trying to identi­
town of Dortmund and threatened to deto­ fy the defendant as the author of a claim
nate them. Since the offender had attemp­ of responsibility. However, they failed to
ted to blackmail a drugstore chain the take these crucial considerations into ac­
year before, his blackmail letters were on count and, as a result, analyses were per­
file at the Federal Criminal Police Office. formed on some texts that demonstrably
The blackmail letters on file were analyzed had not been written by the defendant.
from a linguistic perspective using the
KISTE data collection and analysis system 3. requirements for the
and subsequently compared to the letters materiaL to be anaLyzed
sent in the current case. The comparative In order to be suitable for the purposes of
analysis found several resemblances and comparative analysis, the material must
the expert opinion prepared on the basis of fulfill certain length requirements. This
these resemblances concluded that the two problem usually affects incriminating texts
authors were probably identical. This con­ rather than reference texts. Over a third (35
clusion was later corroborated using other percent) of incriminating texts analyzed
forensic techniques. and archived at the Federal Criminal Po­
lice Office are only up to 100 words long
2.3 The problem of shared authorship and another 29 percent are between 100
When it comes to claims of responsibil­ and 200 words in length.16 Moreover, the
ity, authorship attribution is associated incriminating text and the reference text
with special challenges. Whereas defama­ should preferably be of a similar genre.
tory, accusatory and blackmail letters are For instance, when analyzing a blackmail
usually written by a single person, many letter, business and private letters authored
claims of responsibility are drafted and re­ by the suspect should be used as reference
vised in groups and commonly consist of material. The reason for this is that the
excerpts from various texts and text pas­ linguistic characteristics of texts depend
sages (e.g., position papers). Although in heavily on the genre and, if the incriminat­
such cases, the text cannot be attributed to ing text and the reference text are too far
a single author (Fobbe 2011, 44), investi­ apart from each other in this regard, this
gating authorities often cherish the hope might lead to stylistic differences contami­
that forensic text analysis will be able to nating the analysis. In other words, if the

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material used is too heterogeneous, this ly incriminating situation in which such


can make it considerably more difficult letters are drafted and in part due to limited
to establish that the authors are, in fact, writing skills. However, it would be unjus­
identical. Furthermore, reference material tified to equate a large number of errors
should be recent, because personal styles with a lack of appropriate writing skills.
can shift due to changes in life circum­ Not all errors are equally informative, since
stances or simply due to the passage of even very experienced writers might make
time. careless mistakes when it comes to capi­
talization, hyphenation, or punctuation.
4. procedure Just as with regard to style, only error pat­
The analysis of incriminating texts is a terns are indicative and single instances of
procedure consisting of multiple steps de­ error are usually not. In some cases, how­
scribed in detail below. The first step in­ ever, a single error might play an indica­
volves the assessment of physical appear­ tive role as well. The analyst must always
ance. If the text to be analyzed is a letter, remain aware of the possibility that any
the extent to which it complies with the mistake might be the result of a deliberate
conventions of the genre, including formal camouflage strategy, for example when
elements like the address block, salutation, authors intentionally misspell some words
and segmentation of the body, might be in order to create the impression that they
of relevance. This step of the analysis ex­ are relatively uneducated. When native
tends to other issues as well, including the speakers try to pass themselves off as non­
problem of finding an appropriate ending native speakers, they tend to commit other
in the context of a blackmail attempt and kinds of errors than those of genuine non­
the question of how the author signs the native speakers, especially gross gramma­
letter. Some offenders tend to hide behind tical mistakes (then you says number of
conventional formulations; others omit credit card). Both camouflage strategies
most of the critical elements mentioned (i.e., passing off as relatively uneducated
above, and still others exhibit creativity or as a non-native speaker) can usually
by finding individual solutions. Whatever be exposed based upon the distribution of
the case might be, such decisions can be errors within the text, which tends to be
interpreted as indirect evidence of individ­ inconsistent, with the end of the text and
ual characteristics. The analysis of formal passages addressing complex issues con­
elements provides some indication of the taining fewer mistakes than the remaining
author’s writing experience and, in some parts. Accurately and inaccurately spelled
cases, even of their familiarity with the words or phrases that are in adjacent po­
(internal) requirements imposed by certain sitions might be especially indicative of
organizations.17 the true level of the author’s writing skills
(Fobbe 2011, 172 et seqq.).
4.1 Error analysis When native speakers attempt to mimic
The core components of textual analy­ the style of a non-native speaker, the de­
sis are error analysis and stylistic analy­ ception can often be detected on the basis
sis. Whereas claims of responsibility and of the co-occurrence of a large number
position papers tend to be characterized by of misspellings and missing grammatical
low error rates and a mostly elaborate style, categories (e.g., articles) and fully intact
many other texts contain a large number of syntactic structures. For instance, the sen­
errors, which is in part due to the extreme­ tence “du haben dann geld immer dabei”

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(you have then money always with you) obscuring his or her superior writing skills.
correctly implements the rule that cer­ In such cases, the writing tends to be at a
tain German verbs such as “dabei haben” relatively low stylistic level, including in­
form a so-called Klammer (i.e., comple­ formal or even vulgar expressions or gram­
ments intrude between both elements of matical constructs that do not conform to
compound verbs). However, sometimes it the norms of written language. However, if
might be very challenging, or even impos­ the text contains no or few mistakes despite
sible, to distinguish a native speaker with its substandard style, this might be indic­
very limited writing skills from a non­ ative of an educated author trying to hide
native speaker (Schall 2004, 557). the level of their writing skills.
Stylistic analysis reveals the specificities
4.2 Stylistic analysis of the author’s idiolect to the extent that the
Stylistic analysis seeks to identify those material available so permits. The shorter
linguistic characteristics of a text that are the text, the more the stylistic analysis
in some sense noteworthy but not neces­ turns into a coincidental snapshot; the longer
sarily incorrect, including frequently used the text, the more robust the evidence re­
words, distinctive word formations or garding patterns within the author’s idio­
phrases, syntactic preferences, or the idio­ lect. This individual style, in turn, might
syncrasies of punctuation. Such peculiar­ support the investigation by providing
ities are considered in relation to each other some indication of the author’s biogra­
rather than in isolation. Blackmail letters phy. The term “individual style” should
are often characterized by a stodgy and not be understood to mean that it is one of
overly official style, which manifests itself a kind and thus enables unique identifica­
in the excessive use of deverbal abstract tion of a person (including their reliable
nouns, such as provision or execution; distinction from other individuals). It only
empty verbs such as give consideration to means that any given individual forms
(instead of consider) or lead to an increase some preferences over the course of their
(instead of increase), the passive voice, linguistic socialization and is thus more
and formulaic adverbs such as undoubted­ likely to use certain elements of language
ly or forthwith. When viewed in isolation, than others. However, the possibilities are
each of these features is inconspicuous; by no means unlimited, since any choice
however, taken together, they produce a entails a number of mandatory lexical and/
particular stylistic effect. When it comes to or syntactic consequences, because the
establishing possible authorship, no single grammatical system and structure of any
word can have an indicative function. language prescribe certain rules of usage
Instead, analyses rely on configurations of and combination.
stylistic features, which of course might
include the frequent use of a specific word. Time and again, statisticians attempt to
It can be equally instructive whether perform stylistic analyses of linguistic ma­
the text consistently remains at a certain terial. Whether a statistical analysis can be
stylistic level or the author is unable to carried out at all depends directly on the
maintain the desired stylistic level, which quantity of text available. Since most in­
leads to a fragmentation of style. Of criminating texts are very short, one must
course, one must not discard the possibi­ remain deeply skeptical concerning the
lity that the author might be using a delib­ possibilities of statistical methods, since
erate camouflage strategy with the aim of limited data quantity tends to lead to bi­

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ased results (Fobbe 2011, 118; Olsson which the author approaches the subject
2007, 64 et seqq.). When data quantity is and puts the situation into words. As such,
appropriate (such as in the above-men­ the analysis of thematic arrangement, as
tioned “Unabomber” case, in which the well as any indication of whether the of­
reference text was over 30 pages long), fender perceives the act as moral repara­
computer-assisted analysis can make the tion, a business transaction, or a game,
linguist’s work significantly easier; how­ can be equally instructive. If the offender
ever, quantitative analysis must always be provides some justification and seeks to le­
followed by the qualitative assessment of gitimize his or her behavior, he or she has
computer-generated results. given a lot more thought to the possible
consequences of his or her actions than
4.3 Structural analysis someone who simply demands money
The thematic arrangement of a text can (Dern 2009, 168). In addition, the incidence
also be instructive. A substantial body of (or lack) of certain thematic patterns directs
literature addresses the typical and atypical the attention to the author’s intellectual
features of blackmail letters, with the un­ focus. When creating the offender’s profile
derlying consideration that individual idio­ as part of operational case analysis, such
syncrasies are especially indicative of a particularities can be used to evaluate the
person, whereas particularities associated offender’s level of determination and, con­
with the genre are far less relevant. Such comitantly, the threat that he or she poses
conventional elements include expressions to the community (ibid.).
such as no police, no tricks, as well as self­
presentation as member of a group (we are concLusion
a group of veterans).18 In addition, linguists A relatively young subdiscipline of ap­
have identified so-called thematic patterns plied linguistics, forensic linguistics offers
that must be present in a text in order for it analytical tools and theoretical knowledge
to qualify as a blackmail letter in the first that facilitate access to the language usage
place (Brinker 2002, 51 et seqq.), such as of criminal suspects. Just like voice and
a demand for money, a threatened con­ handwriting, language is directly linked to
sequence in the event that the demand is (Schall 2004, 550) and might be indicative
not met, and a way of establishing contact of the person who uses it. This makes it all
or transferring the money. Beyond these the more crucial that the analysis of such
mandatory thematic patterns, there are al­ linguistic evidence conforms to scientific
so optional thematic patterns that might standards. The integration of linguistic ex­
appear in a blackmail letter, including self­ pertise into criminal investigation creates
presentation or assurances of seriousness. awareness of the particularities of language
Since these patterns are redundant, i.e., not as a “weapon of choice,” as well as of the
absolutely necessary to perform the act of potential benefits of forensic linguistics. In
blackmail, they always provide some in­ addition, it ensures that the reported find­
dication of the author. Consequently, style ings are substantiated and recognized as
is more than simply the manner in which evidence by a court of law.
the author expresses a certain idea; it is also
a manifestation of the perspective from

71
.SIAK- InternAtIonAl edItIon 2014

1
The commonly used linguistic term is author­
sion dated 03.11.2010 it established that shared
ship attribution. However, the Federal Criminal
authorship reduces the evidentiary value of a text.
16
Police Office uses the expression “author iden­
For the relevant data see Schall 2004, 551.
17
tification” to describe the activities of forensic
In a case handled some years ago by the
linguists. This expression deliberately follows the
Federal Criminal Police Office, the author used
structure of “speaker identification”.
the abbreviation “O.U.” (“Ortsunterkunft” – can­
2
Linguistic issues that might be of relevance in
tonment) when dating his letter. Since this abbre­
civil law are discussed in more detail in Fobbe
viation had been customary in the East German
2011, Grewendorf 1992, and Kniffka 1990.
National People’s Army, it gave an indication of
3
For examples of common transcription mis­
the author’s region of origin (Schall 2004, 558).
18
takes like failure to maintain the original layout,
This does not exclude the possibility of multi­
omissions, and additions, see Fobbe 2011 and
ple offenders; however, experience shows that
Kniffka 1994.
offenders tend to act alone.
4
Federal Criminal Police Office 2009.

5
Ibid.
Sources of information
6
Ibid.
Bundeskriminalamt (2005). BKA Textkorpus
7
The example has been adapted from Schall
Tatschreiben, Wiesbaden.
2004, 557.
Bundeskriminalamt (2009). BKA Textkorpus
8
Cf. Fobbe 2006. For a more detailed examina­
Tatschreiben, Wiesbaden.
tion of inflection and syntax, see Fobbe (in prepa­
Bickes, H./Kresic, M. (2000). Fehler, Text und
ration).
Autor. Zur Identifizierung von Merkmalen der
9
Non­native speakers might substitute unknown
Ausgangssprache bei nicht­muttersprachlichen
words with words from their native language,
Schreibern, in: Baldauf, C. (Ed.) 2. Symposion
use verbatim translations, or borrow grammati­
Autorenerkennung des Bundeskriminalamtes vom
cal structures from their native language. Kniffka
3. bis 5. April 2000, Wiesbaden, 110–132. Brinker,

2001 provides an extensive description of a case


K. (2002). Textsortenbeschreibung auf hand­

in which the author’s native language was identi­


lungstheoretischer Grundlage (am Beispiel des

fied as Hungarian.
Erpresserbriefs), in: Adamzik, K. (Ed.) Texte –

10
For further examples see Bickes/Kresic 2000, 125.
Diskurse – Interaktionsrollen. Analysen zur

11
The analyst must never discard the possibility
Kommunikation im öffentlichen Raum, Tübingen,

that such signs might be part of an elaborate


41–59.

camouflage strategy. However, the more mis­


Coulthard, M. (2004). Author identification,

takes of inference and the more consistent their


idiolect, and linguistic uniqueness, Applied

distribution at different linguistic levels, the more


Linguistics (25) 4, 431–447.

likely it is that the language competence that


Coulthard, M./Johnson, A. (2010). An introduc­

manifests itself in the text is, in fact, authentic.


tion to forensic linguistics: language in evidence,

12
Federal Criminal Police Office 2005.
reprint, London.

13
Further lexical indications of Bavaria as the
Dern, C. (2003). Sprachwissenschaft und Krimi­

speaker’s region of origin are discussed by


nalistik: Zur Praxis der Autorenerkennung, Zeit­

Schall 2008, 318.


schrift für Germanistische Linguistik (31), 44–77.

14
Press release of the Ministry of Justice of
Dern, C. (2009). Autorenerkennung. Theorie und

the Federal State of Hessen dated 08.26.2011,


Praxis der linguistischen Tatschreibenanalyse,

https://hmdj.hessen.de/justiz (accessed
Stuttgart.

07/20/2013).
Grewendorf, G. (Ed.) (1992). Rechtskultur als

15
The Federal Court of Justice of Germany has
Sprachkultur. Zur forensischen Funktion der

repeatedly endorsed this position. In a deci­


Sprachanalyse, Frankfurt a.M.

72
2014 .SIAK-InternAtIonAl edItIon

Fobbe, E. (2006). Foreigner talk als Strategie.


Schall, S. (2004). Forensische Linguistik, in:

Zur Fehlergenese in Erpresserbriefen, in: Busch,


Knapp, K. (Ed.) Angewandte Linguistik – Ein

A./Wichter, S. (Ed.) Wissenstransfer: Erfolgs­


Lehrbuch, Tübingen, 455–562.

kontrolle und Rückmeldungen aus der Praxis,


Schall, S. (2008). Anonyme inkriminierte Schrei­

Frankfurt a.M. u.a., 149–165.


ben – Das Verbergen der Identität eines Autors,

Fobbe, E. (2011). Forensische Linguistik. Eine


in: Pappert, S./Schröter, M./Fix, U. (Eds.) Ver­

Einführung, Tübingen.
schlüsseln, Verbergen, Verdecken in öffentlicher

Kniffka, H. (Ed.) (1990). Texte zu Theorie und


und institutioneller Kommunikation, Berlin,

Praxis forensischer Linguistik, Tübingen.


315–347.

Kniffka, H. (1994). The expert and the nonexpert


Svartvik, J. (1968). The Evans statements. A case

in court proceedings, Kriminalistik und forensi­


for forensic linguistics, Göteborg.

sche Wissenschaften (82), 145–166.

Kniffka, H. (2001). Eine Zwischenbilanz aus der


Further literature and links
Werkstatt eines „forensischen“ Linguisten: Zur
Dern, C. (2008). „Wenn zahle nix, dann geht
Analyse anonymer Autorschaft, Linguistische
dir schlecht“. Ein Experiment zu sprachlichen
Berichte 185, 75–104.
Verstellungsstrategien in Erpresserschreiben,
Olsson, J. (2007). Forensic Linguistics. An intro­
Zeitschrift für Germanistische Linguistik (36),
duction to language, crime and the law, London.
240–265.
Olsson, J. (2009). Word crime. Solving crime

through forensic linguistics, London.

73

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