Speaking of Crime

Why do so many people voluntarily consent to searches by have the police search their person or vehicle when they know that they are carrying contraband or evidence of illegal activity? Does everyone understand the "Miranda" warning? How well can people recognize a voice on tape? Can linguistic experts identify who wrote an anonymous threatening letter?

"Speaking of Crime" ans...

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Why do so many people voluntarily consent to searches by have the police search their person or vehicle when they know that they are carrying contraband or evidence of illegal activity? Does everyone understand the "Miranda" warning? How well can people recognize a voice on tape? Can linguistic experts identify who wrote an anonymous threatening letter?

"Speaking of Crime" answers these questions and examines the complex role of language within our criminal justice system. Lawrence M. Solan and Peter M. Tiersma compile numerous cases, ranging from the Lindbergh kidnapping to the impeachment trial of Bill Clinton to the JonBenet Ramsey case, that provide real-life examples of how language functions in arrests, investigations, interrogations, confessions, and trials. In a clear and accessible style, Solan and Tiersma show how recent advances in the study of language can aid in understanding how legal problems arise and how they might be solved.

With compelling discussions current issues and controversies, this book is a provocative state-of-the-art survey that will be of enormous value to legal scholars and professionals throughout the criminal justice system.

Lawrence M. Solan is Don Forchelli Professor of Law and director of the Center for the Study of Law, Language, and Cognition at Brooklyn Law School. He is the author of two other books, also published by the University of Chicago Press.

Peter M. Tiersma is professor at Loyola University Law School. They are the authors, respectively, of The Language of Judges and Legal Language...

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Lawrence M. Solan is Don Forchelli Professor of Law and director of the Center for the Study of Law, Language, and Cognition at Brooklyn Law School. He is the author of two other books, also published by the University of Chicago Press.

Peter M. Tiersma is professor at Loyola University Law School. They are the authors, respectively, of The Language of Judges and Legal Language, both published by the University of Chicago Press.

PART I A GOOD TIME TO STUDY THE LANGUAGE OF
CRIMINAL JUSTICE 1
1 Language and the CriminalLaw 4
The Language of Police and Suspects 4
Linguistic Evidence 6
Crimes of Language 8
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PART I A GOOD TIME TO STUDY THE LANGUAGE OF
CRIMINAL JUSTICE 1
1 Language and the CriminalLaw 4
The Language of Police and Suspects 4
Linguistic Evidence 6
Crimes of Language 8
Some Goals and Limitations 10
2 Linguistics in the Law 13
The Subsystems of Language 16
Word Meaning: Two Ways of Thinking 20
Discourse and Inferences from Context 23
Linguistics in the Courts 26
Linguistics and the Admissibility of Expert Evidence
in American Courts 28
PART II GATHERING THE EVIDENCE 33
3 “Consensual” Searches 35
The Bustamonte Case 36
Requests versus Commands 38
Consenting 46
Racial Profiling 48
Conclusion 51
4 Interrogation, Confession, and the Right to Counsel 53
Invoking the Right to Counsel 54
The Meaning of “Interrogation” 62
Interrogation and the Problem of False Confessions 66
Conclusion 71
5 Understanding Miranda 73
The Rise of Miranda 73
Reading Rights 74
Suspects with Low Intelligence or Mental Problems 77
Juveniles 80
Suspects Whose Native Language Is Not English 82
Deaf Defendants 85
How Can Comprehension Be Improved? 87
Conclusion 90
PART III LINGUISTIC EVIDENCE IN COURT 95
6 Exact Words 98
Forget about It: Human Memory for Verbatim Speech 99
The Legal System’s Response: Substance Is Good Enough 104
Language Crimes without the Language 113
Conclusion 116
7 Who Said That? 117
Legal Standards for Identifying Speakers 119
Voice Recognition Research and the Reliability of
Identifications 127
Expert Speaker Identification 137
Conclusion 146
8 Who Wrote That? 149
Hauptmann and the Document Examiners 151
Leaving It to the Jury 153
The Return of the Experts? 157
Some Promise for an Improved Science of
Authorship Attribution 169
Some Easier Cases 174
Conclusion 178
PART IV CRIMES OF LANGUAGE 179
9 Solicitation, Conspiracy, Bribery 181
Solicitation 181
Conspiracy 190
Bribery 194
10 Threats 198
What Constitutes a Threat? 199
Indirect and Ambiguous Threats 204
Political Hyperbole 207
Conclusion 210
11 Perjury 212
The Bronston Case 213
Did Clinton Lie? 221
Perjury and Lying 231
Conclusion 234
12 Where Do We Go from Here? 236
Law Enforcement 237
Legislatures and the Executive Branch 239
Courts 239
Attorneys 240
Linguists, Psychologists, and Other Scholars 241
Notes 245
Author Index 281
Subject Index 285
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