Download Courtroom talk and neocolonial control by Eades, Diana PDF

By Eades, Diana

The booklet makes use of serious sociolinguistic research to ascertain the social effects of court docket speak. the point of interest of the research is the cross-examination of 3 Australian Aboriginal boys who have been prosecution witnesses on the subject of six cops charged with their abduction. The research finds how the language mechanisms allowed by way of court ideas of proof serve to legitimize neocolonial keep watch over over Indigenous humans. within the propositions and assertions made in cross-examination, and their adoption via judicial decision-makers, the 3 boys have been built no longer as sufferers of police abuse, yet relatively by way of distinction, deviance and delinquency. This identification paintings addresses primary concerns referring to what it potential to be an Aboriginal younger individual, in addition to constraints approximately find out how to practice or reside this identification, and the rights to which Aboriginal humans can lay declare, whereas legitimizing police keep watch over over their freedom of flow. knowing this court docket speak calls for research of the sociopolitical and old activities and constructions during which the court docket listening to was once embedded. via this research, the interrelatedness of constitution, service provider, constraint and alter, that is vital to serious sociolinguistics, turns into obvious. In its research of language ideologies that underpin court docket speak, in addition to the main points of ways language is used, and the social outcomes of this speak, the booklet highlights the necessity for far-reaching alterations to court docket ideas of facts.

Show description

Read or Download Courtroom talk and neocolonial control PDF

Best criminal law books

Conscience and Convenience: The Asylum and Its Alternatives in Progressive America (New Lines in Criminology)

During this up to date re-creation, Rothman chronicles and examines incarceration of the legal, the deviant, and the based in U. S. society, with a spotlight on how and why those equipment have persevered and accelerated for over a century and a part, regardless of longstanding facts in their disasters and abuses.

The Social Contexts of Criminal Sentencing

Traditionally, the assertion and invocation of felony consequences have been public spectacles. at the present time, worry of crime and disaffection with the legal justice method make sure that this public fascination with punishment maintains. some time past decade, nearly each legislature within the nation has undertaken sentencing reform, within the desire that public situation with crime will be allayed and dispari­ ties in felony sentences will be lowered if no longer eradicated.

Corrective Justice

Inner most legislations governs our such a lot pervasive relationships with folks: the wrongs we do to each other, the valuables we personal and exclude from others' use, the contracts we make and holiday, and the advantages learned at another's rate that we can't justly continue. the key principles of personal legislations are popular, yet how they're geared up, defined, and justified is an issue of fierce debate by means of attorneys, economists, and philosophers.

Additional resources for Courtroom talk and neocolonial control

Example text

Like other restorative justice processes it emphasises the restoration of balance to individuals and the community, in contrast to the punitive and/or welfare approaches which typify approaches to juvenile justice (Cunneen and White 2002: 358–359). But, as child victim-witnesses in the prosecution of adult defendants, the boys in the Pinkenba case had no choice but to appear in the regular adult Child witnesses in an adult court 17 court. They would have been eligible to be treated as “special witnesses” under Section 21A of the Queensland Evidence Act 1977.

6; Rampton 2001a; Sarangi 1994; Shea 1994; Singh et al. 1988).

These features include ways of seeking substantial information, which avoid direct questions, as well as the use of silence, and the tendency to use gratuitous concurrence (that is freely saying yes to a question, regardless of belief of the truth or falsity of the proposition questioned, see Eades 2002). It was my hope that the handbook would “help lawyers communicate more effectively with Aboriginal English speaking clients” (Eades 1992: 1). : 46): Do not interpret silence as an Aboriginal speaker’s admission of guilt or ignorance, or even as evidence of a communication breakdown.

Download PDF sample

Rated 4.80 of 5 – based on 34 votes