interaction in judicial settings lcc-meeting 6 november 2008 1
Post on 21-Dec-2015
216 views
TRANSCRIPT
Structure of our talk Introduction:
conversation analysis (CA)
Outline of two projects on interaction in judicial settings1) ‘’Communication advice and conversational practice in
institutional settings’’
2) ‘’Intertextuality in judicial settings’’
Relevance in LCC-context
2
Conversation Analysis (CA) Origin:
- Sociology ethnomethodology
- Harvey Sacks (sociologist)
Data:- talk in interaction, natural conversation
- audio- or video-taped- transcribed
- mundane and institutional
4
Conversation Analysis (CA)
Research goals:
- to study the way people organize their interaction
and the way they make their interaction
comprehensible.
- to describe the underlying procedures in interaction
that contribute to shared knowledge/understanding
of the participants.
5
Conversation Analysis (CA) Methodological characteristics:
- data oriented
- convergence of analytical perspective‘’If it is a phenomenon,
it must be in the interaction‘’ (Sacks,1963)
- sequential analysis
WHY THAT NOW?
6
Two research projects:1) PhD Project ‘’Communication advice and conversational
practice in institutional settings’’
Keun Young Sliedrecht
2) NWO Project ‘’Intertextuality in judicial settings:
the interrelations between talk and written
documents in police interrogations and criminal
trials’’ Tessa van Charldorp
Fleur van der Houwen
Petra Sneijder
7
Communication advice and conversational practice
1 interactional phenomenon: ’formulations’ or summaries
2 data sets
3 institutional settings:
- police interrogation,
- job interview
- journalistic interview
8
Institutional communication
Conversational practice
Communication advice
Audio tapes Conversation- analysis
Summaries
‘formulations’
Handsbooks
Review of literature
Journalistic interview
Communication advice
The police officer is advised to:
- ‘’summarize in your own words’’
(van den Adel, 1997: 35)
- ‘’summarize to structure the conversation’’
(van Amelsvoort, Rispens and Grolman 2005: 67)
11
Conversational practice
Police interrrogation - example 1
Line X V: die dingen spullen pakkenS: to grab those things
Line XV: dat ie die armband gaat halen.S: that he will get that bracelet.
Line XP: dus je bedoelt dat hij steelt.P: so you mean he steals.
12
Mismatch
Communication advice
Conversational practice
summarize in your own words
summarize to structure the conversation
P summarizes in his own words
P types his own words in the report instead of the words of the suspect
P summarizes to combine his task of interrogation and reporting
13
Intertextuality in judicial settings
The interrelations between talk and written documents in police The interrelations between talk and written documents in police
interrogations and criminal trialsinterrogations and criminal trials
Martha KomterMartha KomterTessa van CharldorpTessa van CharldorpFleur van der HouwenFleur van der Houwen
Petra SneijderPetra Sneijder
14
Recycling of the suspects’ words
From spoken to written language in police interrogationsFrom spoken to written language in police interrogations(Tessa van Charldorp)(Tessa van Charldorp)
From written to spoken language in the courtroom From written to spoken language in the courtroom - References to written documents by judges (Fleur van References to written documents by judges (Fleur van der Houwen)der Houwen)- Reference to written documents by prosecutor and Reference to written documents by prosecutor and defence lawyerdefence lawyer (Petra Sneijder)(Petra Sneijder)
15
From interrogation to record
•Questions of the police interrogator are left outQuestions of the police interrogator are left out•Questions and answers are reduced to I - monologuesQuestions and answers are reduced to I - monologues•Contributions of the suspect are transformed into a relevant Contributions of the suspect are transformed into a relevant story for the professionalsstory for the professionals•Police record becomes part of the case filePolice record becomes part of the case file
16
From record to courtroom
•Judges, prosecutors and lawyers refer to written documents Judges, prosecutors and lawyers refer to written documents by:by:
-Quoting (direct, indirect, semi-direct – enactment vs. neutral)Quoting (direct, indirect, semi-direct – enactment vs. neutral)-NamingNaming-SummarizingSummarizing
17
material
police interrogations Martha Komterpolice interrogations Martha Komter(Tessa van Charldorp)(Tessa van Charldorp)
31 audio recordings of trials Martha Komter31 audio recordings of trials Martha Komter(Petra Sneijder & Fleur van der Houwen)(Petra Sneijder & Fleur van der Houwen)
5 criminal cases from beginning to end: audio recordings of police 5 criminal cases from beginning to end: audio recordings of police interrogations, records of the interrogations and video recordings of trials interrogations, records of the interrogations and video recordings of trials
Data collection is complete: we are currently transcribing the new materialData collection is complete: we are currently transcribing the new material
18
Examples case: fencing scooter
From police record:From police record:
U ask me if I could have suspected that the scooter had been stolen.U ask me if I could have suspected that the scooter had been stolen.No. I had a scooter missing a lock once, that’s possible isn’t it.No. I had a scooter missing a lock once, that’s possible isn’t it.
U say you think that I could have known that the scooter had been stolen U say you think that I could have known that the scooter had been stolen when I saw the … was missing. when I saw the … was missing. I did not know. I just assumed that it was honest.I did not know. I just assumed that it was honest.
19
Case: fencing scooter
•Words from the interrogation are not literally in the police Words from the interrogation are not literally in the police recordrecord•Officer includes questions which makes her visible as a Officer includes questions which makes her visible as a professionalprofessional•Police record anticipates on what follows in the courtroom > Police record anticipates on what follows in the courtroom > ‘did you know’ / ‘could you have known’‘did you know’ / ‘could you have known’
20
Case: fencing scooter
TRIALTRIAL
160160 J:J: I read you immediately said to the police u:h I read you immediately said to the police u:h 161161 not only that you had to uh start with that not only that you had to uh start with that 162162 screwdriver but also that you uh that it screwdriver but also that you uh that it 163163 was stolenwas stolen 164164 S: S: no I read that in the statement as well but I did not say it likeno I read that in the statement as well but I did not say it like 165165 that that 166166 J: J: you haven’t said it like that [to the policeyou haven’t said it like that [to the police 167167 S: S: [no [no
21
Case: fencing scooter
Prosecutor
674 674 the suspect now says (3) the suspect now says (3) 675675 yes it may be in the record of arrest yes it may be in the record of arrest 676676 but I never said that to the police officers, but I never said that to the police officers, 678678 yes it is a record made under the oath of officeyes it is a record made under the oath of office 679 679 I have no reason to doubt the content of thatI have no reason to doubt the content of that 680680 recordrecord
22
Case: fencing scooter
Defence lawyer
759 ((((looks at the judgeslooks at the judges)) And if Basil says to the police )) And if Basil says to the police 760 if he said it at all, 760 if he said it at all, 761 like yes (.) it has been stolen once, 761 like yes (.) it has been stolen once, 762 that does not add anything, I think,762 that does not add anything, I think,
23
Case: fencing scooter
•Officer does not refer to the police interrogation but to a Officer does not refer to the police interrogation but to a record of arrest record of arrest
•The suspect now says ‘…’ (not literally what the suspect The suspect now says ‘…’ (not literally what the suspect said)said)•‘‘record made under oath of office’record made under oath of office’
• ascription of factual status to documentascription of factual status to document
•Lawyer refers to record of arrest as well Lawyer refers to record of arrest as well •‘‘if he said that at all’if he said that at all’
•Undermines version prosecutorUndermines version prosecutor•remarkable: no reference to the police interrogationremarkable: no reference to the police interrogation
24
Reported speech (quotations)
•Focus on discursive construction and rhetoric of using Focus on discursive construction and rhetoric of using others’words for the speaker’s own purposesothers’words for the speaker’s own purposes
•Officers and lawyers frequently cite the suspects’ words from Officers and lawyers frequently cite the suspects’ words from written documents and during the trial written documents and during the trial
•Drawing on the words of others is more than reporting:Drawing on the words of others is more than reporting: editorializing or commenting on the words are frequent editorializing or commenting on the words are frequent activities and effective devices in forming one’s argumentactivities and effective devices in forming one’s argument
25
Reported speech (quotations)
(.) to put it differently, in other documents, in which Ronalda has said → yes → (.) I noticed it at the end, → and I didn’t know where I was ending up, → and then I helped, → with that plastic bag in which the money was thrown, that statement is actually not comprehensible if you look at the tape again, but neither, if you realize, that there has to be some (.) consultation, in advance. (.) one has to look, at the right moment, one has to agree, on the right place, (.) e:hm there has
to be agreement about who does what because everything has to be done fast
26
Meta comments by prosecutor
- comparison with actual facts (video tape)
- comparison with ‘normal crime’ (what constitutes typical criminal behavior and what is professionally know about this)
27
Reported speech (quotations)
Visser is indifferent about it → (.) I had no place to stay, → I was addicted, → I had no job, → I needed money, and then you go for the easiest option and what is available,
namely robbing elderly women cause yeah, as Visser expressed so strinkingly himself, that is the easiest thing to do
for burglary you have to pay more effort,
28
Metacomments prosecutor
- Listing the quotations characterizes these
as the usual excuses and serves as an account for labeling the suspect as ‘indifferent’
- Confirmation of factual easiness shows that suspect did not make attempts to make a moral choice
29
Conclusion - quotes may be performed directly or in
summary: there is selectivity in what gets quoted and in how the quote is interpreted and evaluated by the reporting speaker
- quotes provide the reporting speaker options to construct dialogue within monologues and use the words of the suspect for their rhetorical arguments
30
Relevance in LCC-context
study of language use; spoken interaction in institutional context
theory and practice
31