Saif Khan

Mini Lec 3 {Forensic}

Main Topic: Characteristics of legal language

Q.1: What is the Language of the Law {NS}

‘’Legal language is the type of language used by lawyers and other legal
professionals in the course of their work’’.
The legal language in the present study is English which is also called legal English.
Legal language is special because it uses complicated grammar, long sentences,
and not many punctuation marks. It can be hard to understand because of this.

Historical Evolution of Legal Language:

In the past, legal language was mostly spoken, and writing was just for keeping
records of what was said. What was said out loud was more important than what
was written down. Later, written documents became important themselves, and what
was written had legal meaning.
One of the first scholarly publications about law and language was David Mellinkoff’s
monumental work, The Language of the Law, published in 1963.

The Purpose of Legal Language:

People who write legal documents have a tough job. They have to use words to
show what the government wants, make sure regular people can understand it, and
also keep it clear for lawyers.

Legal Style and Register:

Legal language has its style with old-fashioned words and complex sentences. This
special way of speaking is used in formal legal situations to start legal processes.

Example:

Casual Language:
"I want to sue my neighbor because their tree damaged my fence."

Legal Language
"I hereby wish to initiate legal proceedings against my neighbor on the grounds that
the tree situated on their property has caused damage to my fence, thus
necessitating legal recourse.
W: 261
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Example:
"In accordance with the provisions stipulated in Article IV, Section 3 of the
Constitution of the United States, henceforth referred to as 'the Constitution,' the
undersigned parties, hereinafter collectively referred to as 'the Parties,' do hereby
enter into this legally binding agreement for the purpose of amicably resolving all
disputes and matters arising from the aforementioned Constitution, subject to the
jurisdiction of the Federal Courts of the United States."

Technical words:
1. Manslaughter
2. Legislature
3. Prosecution
4. Attorney
5. Indictment
6. Statutory
7. Law
8. Incarceration
9. Sentenced
(W: 329)

Q.2 What is the History of Forensic Linguistics

1. Introduction: The Evolution of Forensic Linguistics

The history of forensic linguistics reflects its increasing importance within the realm
of criminal justice. Over time, this field has evolved and become an essential tool in
legal investigations. Forensic linguistics, which combines language and law, has a
history of big moments and famous people.

2. Evolution and Key Figures in Forensic Linguistics

Forensic linguistics, born from Jan Svartvik's groundbreaking study "The Evans
Statements" over four decades ago, is a unique discipline at the intersection of
language and law. Professor Malcolm Coulthard, a notable figure in the United
Kingdom, has made significant contributions, especially in authorship analysis, often
collaborating with Dr. Alison Johnson, shaping the field of forensic linguistics.

3. Global Expansion:
Forensic linguistics has extended its reach across the globe, with universities in
various countries incorporating it into their curricula. China, in particular, has shown
a growing interest in this field, and key texts have been translated into multiple
languages, including Arabic, Croatian, and French.
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4. The Rapid Expansion:

Over the last fifteen years, forensic linguistics has witnessed significant growth and
recognition, with courts globally increasingly appreciating the importance of linguistic
expertise in legal cases. The establishment of professional organizations like IAFL
and IAFPA has strengthened the field, and the creation of the dedicated journal "The
International Journal of Speech, Language and the Law" has further solidified
forensic linguistics as a distinct and respected area of study.

Example Case
In the field of forensic linguistics, linguists often deal with cases related to
morphological meaning and phonetic similarity. An example of this is the
"McDonald’s Corporation v. Quality Inns International, Inc." case, where linguists,
notably Roger Shuy, played a vital role. Shuy's linguistic analysis of the usage and
significance of the 'Mc' prefix in trademarks assisted McDonald's in establishing
control over it, highlighting the crucial role of linguistic analysis in settling trademark
disputes.
W: 310

Q.3: What is authorship attribution?

Authorship Attribution:
Authorship attribution is a forensic linguistic technique that involves analyzing writing
style to identify the author of a specific text. In this process, forensic linguists
compare the text in question to other texts written or spoken by the presumed
author, aiming to determine the likelihood that the same person produced the text.
This comparative analysis is at the core of authorship attribution, enabling the
identification of authors based on linguistic patterns.

Example: Unabomber Case:

An illustrative example of authorship attribution is the Unabomber case, where a
serial bomber sent a manifesto. Forensic linguists compared this manifesto to other
documents and concluded that they had been written by Theodore Kaczynski.

Optional 👇
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The Significance of Electro-Static Document Analysis

(ESDA):
ESDA is a pivotal tool used by document analysts, known for its replicability and
importance in forensic investigations, especially in cases where forensic linguists are
tasked with determining authorship. Originally, it was created to find fingerprints, but
it also turned out to be excellent at revealing hidden writing, which makes it even
more valuable in forensic investigations.

Idiolect: A Key Concept in Forensic Linguistics:

The idea of "idiolect" is really important in the world of forensic language analysis. It's
all about how each person has their very own way of speaking and writing. This
includes the words they like to use, how they put sentences together, and even their
special way of saying things. The Unabomber case exemplifies the forensic
significance of idiolect analysis, aiding in the identification of the author through
linguistic similarities.

Case Study: Danielle Jones:

In the case of Danielle Jones, a girl who disappeared, two messages were sent from
her phone. Coulthard was asked to compare the 65 texts that the girl had sent in the
three days previous to her disappearance with those two last texts in question. It was
determined that "it was fairly likely" that she did not write them, which meant that
someone else pretending to be her probably wrote them (her uncle, in this case).

Speech Acts in Forensic Linguistics:

In some cases, the issue is identifying whether these crimes happened or not. As
these crimes are speech acts, it must be taken into account not only what has been
said (locutionary act), but also what is meant (illocutionary act) and the effect it has
on the listener (perlocutionary act).

W: 280

Q.4 What are the Computational Tools and Digital analysis

techniques used for Forensic Analysis {NS}

Computational Tools:

1. Authorship Attribution Software:

These tools employ statistical and linguistic analysis to compare an unknown text
with known writing samples. They assess factors like word choice, sentence
structure, and vocabulary usage to determine the likelihood of a specific authorship.
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Examples:
- JGAAP (Java Graphical Authorship Attribution Program)
- LIWC (Linguistic Inquiry and Word Count)

2. Plagiarism Detection Tools:

These tools are commonly used in academic and legal contexts to identify instances
of text copied from existing sources. They compare a given text to a vast database of
academic and online content, flagging sections that match other texts.

Common plagiarism detection tools are:

- Turnitin
- Copyscape

3. Voice Analysis Software:

Voice analysis tools utilize phonetic features to examine recorded speech. They can
help forensic experts determine if a specific speaker is the same as another based
on voice characteristics, accent, pitch, and pronunciation patterns.

Voice analysis tools include:

- Praat
- Adobe Audition for voice comparison

Digital Analysis Techniques:

1. Timeline Analysis:
This technique involves creating a chronological sequence of events based on digital
communication records or document creation timestamps. It helps investigators
establish the order of actions or communications in legal cases.
Digital forensics software is employed for timeline analysis:
- Autopsy
- The Sleuth Kit

2. Machine Learning and NLP:

Machine learning models and NLP techniques process and analyze texts for various
purposes. They can identify sentiment, language patterns, and linguistic anomalies,
which can be crucial in detecting deception or verifying the authenticity of texts.

Tools and libraries for NLP and machine learning:

- NLTK (Natural Language Toolkit)
- SpaCy
- TensorFlow
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- Scikit-learn

3. Language Profiling and Dialect Analysis:

Linguists use these techniques to examine linguistic features unique to specific
regions or demographic groups. This helps in narrowing down the potential origin of
a text or speech sample.

Linguists use software like AntConc for text analysis to aid in language profiling.
W: 311

Q.5 What do you know about the Key figures of Forensic

Linguistics {NS}

Early Pioneers: {1960s - 1970s}

- Jan Svartvik:
Jan Svartvik's groundbreaking work with "The Evans Statements: A Case for
Forensic Linguistics" is pivotal. He introduced the concept of using linguistic analysis
to differentiate disputed segments of statements in criminal cases. Svartvik's
approach, based on measurable grammatical differences, laid the very foundation for
forensic linguistics as an emerging discipline. His pioneering work was instrumental
in the field's development.

- Allen Walker Read:

Allen Walker Read contributed to questioned documents and handwriting analysis, a
precursor to forensic document examination.

Shaping the Field: {1980s - 1990s}

- Prof. Malcolm Coulthard:

Coulthard's research in authorship analysis shaped linguistic analysis of legal texts
and authorship attribution.

- Dr. Alison Johnson:

Collaborating with Coulthard, Johnson advanced the application of linguistics in legal
investigations.

- Prof. Roger Shuy:

Shuy's forensic discourse analysis transformed the field by applying linguistic
analysis to recorded interactions in criminal cases.
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- Prof. Harry Hollien:

Hollien's expertise in speaker identification and acoustic analysis impacted forensic
phonetics.

Expanding Horizons: {1990s -2000s}

- Dr. Michelle Aldridge-Waddon:

Aldridge-Waddon's work focused on linguistic interaction with children in criminal
investigations.

- Dr. Diana Eades:

Eades analyzed Aboriginal English, addressing linguistic diversity in legal contexts.

- Dr. John Gibbons:

Gibbons' contributions diversified linguistic analysis in forensic contexts.

- Dr. Kate Storey-White:

Storey-White's expertise strengthened forensic phonetics.

- Dr. Carole Chaski:

Chaski enhanced syntactic analysis in authorship attribution.

IAFL:
The International Association of Forensic Linguists (IAFL) is a global organization
that plays a central role in advancing forensic linguistics. Founded to promote the
application of linguistics in legal and criminal justice contexts, IAFL serves as a
worldwide hub for professionals, scholars, and practitioners in this interdisciplinary
field. It facilitates global collaboration, supports research and publications, organizes
conferences, offers education and training, certifies expert witnesses, advocates for
recognition, and encourages interdisciplinary collaboration. IAFL's mission is to
enhance the understanding and application of linguistic analysis in the pursuit of
justice.
W: 340

Q.6 Elaborate the Characteristics of legal language

1. Accuracy
2. Objectivity
3. Clarity
4. Precision
5. Authority
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6. Technical vocabulary
7. Formality and rigidity
8. Complex sentence structure
9. Use of Latin and archaic terms
10. Prescriptive language
11. Avoidance of ambiguity
12. Precision in definition
13. Use of conjunction and disconjunction
14. Use of plain language

1. Accuracy
Legal language needs to be very exact to make sure that what's said is completely
true and correct in the eyes of the law. For example, in a criminal case, we would
say "The defendant is accused of first-degree murder" to be super clear about the
accusation.

2. Objectivity
In legal talk, it's important to stay neutral and not let personal feelings or opinions
creep in. So instead of saying "The guilty person," we'd say "The person accused."

3. Clarity
Legal language wants to be crystal clear, so nobody gets confused. Like saying,
"The contract starts on January 1, 2024, and goes on for three years" makes it easy
to understand.

4. Precision
Legal words need to be super exact, so there's no doubt about what they mean. For
example, saying "The defendant must pay a fine of $1,000" is super precise about
the amount.

5. Authority
Legal words often sound bossy because they use words like "shall" or "must." Like
saying "The court must order a restraining order" means the court has to do it.

6. Technical Vocabulary
Legal talk has its own special words to mean very specific legal stuff. So, "The
person who started the lawsuit asked for a quick decision" uses words that lawyers
understand.
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7. Formality and Rigidity

Legal words sound very official and follow strict rules. "I acknowledge this" is an
example of how formal legal papers can be.

8. Complex Sentence Structure

Legal talk can get pretty tricky with its sentences to explain complicated legal stuff.
For example, "Even with all that said, the contract can be ended by either side if they
give 30 days written notice" combines a lot of ideas in one sentence

Q.7 Explain Ransom note {NS}

A ransom note is a cryptic message used in cases of kidnapping or extortion to
communicate demands or threats. Forensic linguistics is a vital field that aids
investigators in deciphering these notes and plays a significant role in solving such
cases.

Example of Ransom Note Analysis:

1. The Lindbergh Kidnapping

In the case of the Lindbergh kidnapping, where the first ransom note (sometimes
referred to as the Nursery Note) stated:
"We warn you for making anyding public or for notify the Polise the child is in
gut care" [sic].
In the sentence, the kidnapper claims that the child is in good hands,

2. Kidnapping case

Ransome Note:

“Your family member is with us. Deliver 50 lakh rupees in cash to Shahbaz Market,
Lahore by Friday night for their safe return. Avoid involving authorities for their
safety.”[sic]

Analysis:
The demand for a significant sum, along with the warning against involving
authorities, points to a financially motivated crime, potentially involving someone
familiar with Lahor. .{ [sic]: as he said }. W: 163

Q.8: What is Socio pragmatic Competence + example {NS}

Sociopragmatic competence is a vital part of communicative skills, focusing on
effective language use in social settings. It encompasses politeness, speech acts,
nonverbal cues, turn-taking, context awareness, cultural sensitivity, formality
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adjustments, and apology strategies. This competence goes beyond just grammar
and vocabulary, as it involves grasping social and cultural factors. It empowers
individuals to navigate various social situations by respecting norms and
expectations, promoting successful communication.

Example
In a professional setting, demonstrating sociopragmatic competence involves
handling disagreements diplomatically. For example, during a meeting, when a
colleague suggests an idea you disagree with, you can respond by acknowledging
their input and suggesting considering other options, maintaining respect, and
encouraging further discussion. This showcases effective sociopragmatic
communication skills.