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SIAK International 2014 - S62-73 - Fobbe
SIAK International 2014 - S62-73 - Fobbe
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.
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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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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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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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(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
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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,
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,
12
Federal Criminal Police Office 2005.
reprint, London.
13
Further lexical indications of Bavaria as the
Dern, C. (2003). Sprachwissenschaft und Krimi
14
Press release of the Ministry of Justice of
Dern, C. (2009). Autorenerkennung. Theorie und
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
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Einführung, Tübingen.
schlüsseln, Verbergen, Verdecken in öffentlicher
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