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I'm Sorry for What I've Done - The Language of Courtroom Apologies (Hardcover)
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I'm Sorry for What I've Done - The Language of Courtroom Apologies (Hardcover)
Series: Oxford Studies in Language and Law
Expected to ship within 12 - 17 working days
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This book examines 52 apologetic allocutions produced during
federal sentencing hearings. The practice of inviting defendants to
make a statement in their own behalf is a long-standing one and it
is understood as offering defendants the opportunity to impress a
judge or jury with their remorse, which could be a factor in the
sentence that is imposed. Defendants raised the topics of the
offense, mitigation, future behaviour and the sentence in different
ways and this book explores the pros and cons associated with the
different strategies that they used. Because there is no way of
ascertaining exactly how effective (or ineffective) an individual
allocution is, case law, sociolinguistic and historical resources,
and judges' final remarks are used to develop hypotheses about
defendants' communicative goals as well as what might constitute an
ideal defendant stance from a judge's point of view. The corpus is
unique because, unlike official transcripts, the transcripts used
for this study include paralinguistic features such as hesitations,
wavering voice, and crying-while-talking. Among its highlights, the
book proposes that although a ritualized apology formula (e.g.,
"I'm sorry " or "I apologize ") would appear to be a good fit for
the context of allocution and even appears to be expected, the use
of these formulas carries implications in this context that do not
serve defendants' communicative goals. I argue that the application
of Austin's (1962) performative-constative continuum reveals that
offense-related utterances that fall closer to the constative end
are more consistent with the discursive constraints on the speech
event of allocution. Further, I propose that the ideologies
associated with allocution, in particular the belief that
allocution functions as a protection for defendants, obscures the
ways in which the context constrains what defendants can say and
how effectively they can say it.
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