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.
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Additional resources for Courtroom talk and neocolonial control
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.