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The Language of Murder Cases - Intentionality, Predisposition, and Voluntariness (Hardcover)
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The Language of Murder Cases - Intentionality, Predisposition, and Voluntariness (Hardcover)
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The Language of Murder Cases describes fifteen court cases for
which Roger Shuy served as an expert language witness, and explains
the issues at stake in those cases for lawyers and linguists.
Investigations and trials in murder cases are guided by the
important legal terms describing the mental states of
defendants-their intentionality, predisposition, and voluntariness.
Unfortunately, statutes and dictionaries can provide only loose
definitions of these terms, largely because mental states are
virtually impossible to define. Their meaning, therefore, must be
adduced either by inferences and assumptions, or by any available
language evidence-which is often the best window into a speaker's
mind. Fortunately, this window of evidence exists primarily in
electronically recorded undercover conversations, police
interviews, and legal hearings and trials, all of which are subject
to linguistic analysis during trial. This book examines how vague
legal terminology can be clarified by analysis of the language used
by suspects, defendants, law enforcement officers, and attorneys.
Shuy examines speech events, schemas, agendas, speech acts,
conversational strategies, and smaller language units such as
syntax, lexicon, and phonology, and discusses how these
examinations can play a major role in deciding murder cases. After
defining key terms common in murder investigations, Shuy describes
fifteen fascinating cases, analyzing the role that language played
in each. He concludes with a summary of how his analyses were
regarded by the juries as they struggled with the equally vague
concept of reasonable doubt.
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