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English passages for Investigative Sciences students

A.A. 2016-17

Christopher Williams

It is hoped that the 12 passages below will provide investigative sciences students

studying English with some of the basic lexis connected with the sphere of legal English

and forensic science. The first six passages are of a more general nature and cover a range

of topics relating to legal English and are in common with the courses at the University of

Foggia for students of the 5-year ‘Magistrale’ course as well as those studying 3-year

courses in ‘Consulente del Lavoro ed Esperto di Relazioni Industriali’.

The last six passages are specifically related to aspects concerning investigative

sciences.

Foggia, September 2016

List of passages

1. The system of common law

2. Judges and magistrates in England and Wales

3. Criminal courts, civil courts and tribunals in England and Wales

4. How to become a solicitor in England and Wales

5. How to become a barrister in England and Wales

6. European Union Law

7. A brief history of forensic science

8. The role of the coroner

9. Expert witnesses, forensic evidence and admissibility

10. Forensic linguistics

11. The Derek Bentley case

12. The CSI effect

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1. The system of common law

Before the Norman Conquest of 1066, Anglo-Saxon society was fragmented into a number of

kingdoms. The laws often differed from one kingdom to another, and many of them were based on

an oral tradition rather than on written codes.

With the arrival of the Normans in England the old system was swept away and replaced

by an increasingly centralized administration which eventually led to the emergence of a ‘common

law’, applicable to all parts of the country. Common law was essentially a combination of

commonly accepted traditions, principles, and judicial precedents.

Later on, with the spread of British colonization, common law systems spread to various

parts of the globe including the United States, Singapore, Pakistan, India, Ghana, Canada, Ireland,

New Zealand, South Africa, Hong Kong and Australia. A third of the world's population

(approximately 2.3 billion people) live in common law jurisdictions.

In common law jurisdictions the legal system is a mixture of statutory law, i.e. laws passed

by a legislative body such as Parliament, and judicial decisions. Indeed, one of the major

characteristics of common law is that considerable importance is given to court decisions which

can be a source of law. The common law system operates on the principle that it is unjust to treat

related facts differently on different occasions. The practice of following decisions made by other

courts for similar issues is known as stare decisis.

Common law follows the doctrine of precedent – meaning that judges must treat as binding

the decisions adopted in similar cases previously determined in courts of higher or equal status.

Differences between common law and civil law systems

Most nations today follow one of the two major legal traditions — civil law and common

law. However, a number of countries – such as Canada, Scotland or South Africa – have hybrid

legal systems.

With the exception of the UK, the majority of countries in Europe operate under

civil law systems modelled on Roman law. The term ‘civil law’ derives from the Latin ius civile,

that is, the law applicable to all Roman cives or citizens.

In the eighteenth century, enlightened rulers and jurists in continental Europe produced

comprehensive, systematic legal codes such as Austria’s 1786 Code of Joseph II and France’s Civil

Code (known as the Napoleonic Code) of 1804. These codes were shaped by the Roman law tradition

and are the models of today’s civil law systems.

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Unlike the civil law system which is based on statutory law with codified core principles,

the common law system is generally uncodified, meaning that there is no comprehensive

compilation of legal rules and statutes. While common law relies partly on legislative provisions,

considerable importance is given, as we have seen, to precedents where judges can actually

make law instead of merely implementing the law. A common law judge therefore tends to have

greater authority or autonomy than a civil law judge.

Countries following a civil law system include former French, Dutch, German, Spanish or

Portuguese colonies or protectorates, including much of Central and South America. Most central

and eastern European and East Asian countries follow a civil law structure. China’s legal system is

a mixture of civil law and socialist law, though Hong Kong (a former British colony) follows the

common law system. Several Islamic countries have civil law systems which contain elements of

Islamic law.

2. Judges and magistrates in England and Wales

When taking the judicial oath, judges and magistrates swear to “do right to all manner of people

after the laws and usages of this realm without fear or favour, affection or ill-will”.

The system for becoming judges and magistrates is very different from Italy’s, and a

distinction is made between judges and magistrates.

Judges

Although certain formal qualifications are required, there is no set career path as in other

countries such as Italy. Becoming a judge in the UK has traditionally depended as much on who

you know as what you know. Although the government is trying to ensure the judiciary is more

reflective of modern society, even today only one in 20 judges is non-white and fewer than one in

four is female.

To become a judge you must have a degree in law, or alternatively in some other subject

followed by a year-long law conversion course. Judges in the UK tend to be picked above all from

the top barristers, though this possibility is now open to solicitors. The selection procedure for

judges is presided over by the Commission for Judicial Appointments. The statutory retirement

age is 70 for judges and magistrates.

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There are several different types of judges. These include:

Circuit judges who are appointed to one of seven regions of England and Wales, and sit in

the crown and county courts within their particular region.

District judges: full-time judges who deal with the majority of cases in the county courts.

District judges (magistrates' courts): full-time members of the judiciary who hear cases in

Magistrates' Courts, usually the longer and more complex cases.

High Court judges who are assigned to one of the three divisions of the High Court – the

Chancery Division, the Queen's Bench and the Family Division.

Recorders: this post is open to any fully qualified solicitor or barrister with at least ten

years' practice before the Crown or County Courts.

Magistrates

Magistrates – also known as Justices of the Peace (JPs) – are trained, unpaid members of

their local community, who work part-time and deal with less serious criminal cases, such as

minor theft, criminal damage, public disorder and motoring offences.

Magistrates sit in adult criminal courts as panels of three. All three members have equal

decision-making powers but only one member speaks in court and presides over proceedings. A

qualified legal adviser is available to the panel at all times.

Magistrates do not require legal training. However, they must undertake a compulsory

programme of practical training which prepares them to sit in court. Each magistrate should sit for

at least 26 half-days each year.

Magistrates deal with over 95% of all criminal cases, either in the adult court or in the youth

court. Magistrates cannot normally order sentences of imprisonment exceeding six months or fines

exceeding £5,000.

Magistrates also decide many civil matters, including a range of issues affecting families

and children.

The Lord Chancellor appoints magistrates on the advice of local advisory committees.

When applying to become a magistrate an application form must be filled in, and usually two

interviews are held before a decision is made.

Local advisory committees try to meet the needs of local benches in terms of maintaining a

balance of gender, ethnic origin, geographical spread, occupation, age and social background.

Magistrates are unpaid but may claim expenses and an allowance for loss of earnings.

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3. Criminal courts, civil courts and tribunals in England and Wales

In England and Wales over 95 per cent of all civil and criminal cases are heard at a Magistrates’

Court where there is no jury. Youth courts are run on similar lines to Adult magistrates' courts but

deal with offenders aged between 10 and 17.

More serious criminal cases, such as murder, rape or robbery, are tried at the Crown Court.

If you are found guilty in a Magistrates’ Court but deserve a sentence that is more than that court

can give, then your case is sent to the Crown Court for sentencing. The Crown Court also hears

appeals against a Magistrates’ Court verdict.

Serious criminal offences are called ‘indictable offences’, which means that the defendant is

tried ‘by indictment’ and has the right to a trial by jury. The Crown Court includes a jury of 12

members of the public. If you are found guilty, a judge decides what sentence you are given.

The Criminal Division of the Court of Appeal hears the majority of the appeals from the

Crown Courts, though some cases may be heard at the Queen’s Bench Division of the High Court.

The highest court of appeal for both criminal and civil cases is the Supreme Court.

The County Court, often referred to as the Small Claims Court, deals with civil matters, such

as:

claims for debt repayment, including enforcing court orders and return of goods bought on

credit;

personal injury;

breach of contract concerning goods or property;

family issues such as relationship breakdown or adoption;

housing disputes, including mortgage and council rent arrears and re-possession.

The vast majority of civil cases have no jury. Appeals can be made either to the Civil Division

of the Court of Appeal or to the High Court.

Tribunals are different from civil or criminal courts. Tribunals have existed in the UK for over a

century: they are primarily concerned with social and administrative issues. For example:

Employment Tribunals hear claims relating to employment such as unfair dismissal,

redundancy payments and cases of discrimination at work;

the Immigration and Asylum Tribunal makes decisions about refusing a person asylum in

the UK, refusing a person entry to – or leave to remain in – the UK, or deporting someone

already in the UK;

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the Tax Tribunal hears appeals against decisions relating to tax made by Her Majesty’s

Revenue and Customs;

the Mental Health Tribunal has to pass judgment on issues such as the patient’s diagnosis

and the need for treatment, and on balancing the right of freedom of the individual with

the need to protect the public.

Tribunals usually sit as a panel with a legally qualified tribunal chairperson as well as panel

members with specific areas of expertise. They hear evidence from witnesses but decide the case

themselves. Tribunals have limited powers (depending on the jurisdiction of the case) to impose

fines and penalties or to award compensation and costs. Proceedings are relatively informal with

participants often sitting around a table.

Recently tribunals have been reorganized into so-called ‘First-tier tribunals’ and ‘Upper

tribunals’: the latter normally hear appeals on matters first heard by the First-Tier tribunal.

4. How to become a solicitor in England and Wales

In the United Kingdom – with the partial exception of Scotland – there are essentially two types of

lawyers: solicitors and barristers. Both types have had legal training at university, but their

respective roles differ. Most solicitors and barristers graduate in law (a three-year course), but it is

also possible to graduate in a different subject and then take a one-year ‘conversion course’.

Both the law degree course and the ‘conversion course’ include the following ‘foundation

subjects’:

Obligations including Contract, Restitution and Tort

Criminal Law

Equity and the Law of Trusts

European Union Law

Property Law

Public Law including Constitutional Law, Administrative Law and Human Rights.

After gaining a law degree the next stage to become a solicitor is to complete a one-year

Legal Practice Course (LPC) which includes having a detailed knowledge of the following:

Business Law and Practice

Property Law and Practice

Civil/Criminal Litigation and Advocacy

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Accounts

Professional Conduct

Client Care

European Union Law

Probate

Revenue Law

Human Rights

Skills in Advocacy, Interviewing and Advising, Practical Legal Research, Problem Solving,

Writing and Drafting.

It is then necessary to complete a two-year training contract with a firm of solicitors to gain

practical experience. This part of the qualification process enables trainees to apply the skills and

knowledge acquired during the academic and vocational stages. They may have the opportunity

to handle their own cases, see clients and carry out many of the responsibilities of a solicitor. Their

work will be closely supervised and regularly reviewed. Once this training has been successfully

completed, you can apply to the ‘roll of solicitors in England and Wales’, which entitles you to

practise as a solicitor.

A solicitor is often the first point of contact for people and organizations seeking legal

advice and representation. Solicitors tend to do most of their work in offices but do not generally

spend much of their time appearing in court. Solicitors can represent clients personally in the

lower courts (Magistrates’ Court, County Court and Tribunal), and with specialist training are also

able to represent them in higher courts (Crown Court, High Court, Court of Appeal). Normally it

is barristers who represent clients in the higher courts.

Besides giving legal advice, solicitors offer a variety of legal services such as conducting the

sale of a business; preparing wills; drawing up a charter for, say, a local club or association;

helping an employee prepare an unfair dismissal claim; giving legal assistance in buying a house

(a solicitor carries out many of the duties performed by a notary public in Italy); drawing up

contracts between companies; suing someone; advising a person at a police station; assisting take-

overs of businesses, and so on.

There are currently over 100,000 solicitors working in England and Wales. About 80 per

cent of solicitors work in private practices. Many solicitors in the UK work in firms – i.e. with a

group of other solicitors – though some work on their own. Others work in private business

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companies, including multinationals. Around 4000 solicitors are employed by local government

where they give legal advice about the services the authority provides to the community.

5. How to become a barrister in England and Wales

Barristers (known as advocates in Scotland) are an important element of the legal system of the

United Kingdom.

Before attaining professional status, barristers must complete a long training process.

Obtaining a degree with high marks in law is usually the first step. Then the hopeful barrister is

required to take a one-year (or two-year for part-time students) Bar Professional Training Course

(BPTC) which means joining one of the four traditional Inns of Court situated in London: Gray’s

Inn, Lincoln’s Inn, the Middle Temple or the Inner Temple. However, entry to the BPTC is very

selective. As part of the training the would-be barrister has to complete 12 Qualifying Sessions

including attendance at twelve formal dinners so that he/she can meet people of the legal

profession such as judges.

The BPTC focuses on the following core subjects:

Criminal advocacy

Civil advocacy

Drafting

Writing Opinions

Civil litigation

Evidence

ADR (alternative dispute resolution)

Professional conduct and Ethics.

After successful completion of the course you are ‘called to the Bar’. To practise as a

barrister you must first undertake a one-year ‘pupillage’ – a kind of apprenticeship – at a

barristers' chambers, after which you officially qualify as a barrister. During the training period

future barristers are generally poorly paid, and they may face financial hardship during their first

few years as a qualified barrister. But afterwards they can generally command very high fees.

Once qualified, most barristers become self-employed and normally join a set of groups of

barristers where they share the workload and working expenses. However, some barristers may

decide to work directly for a commercial company or public sector organization.

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A few barristers subsequently have the opportunity to rise within their profession and are

given the title of Queen's Counsel (abbreviated as QC). Some of them will be asked to become

judges, where they can apply their legal expertise and experience.

Most barristers, however, spend their professional lives in court, or preparing for trial.

Although they can practise law in all courts, they usually appear in the higher courts (Crown

Court and the Court of Appeal in England and Wales, for instance): it would be extremely unusual

to see a barrister defending a client in a Magistrates' Court.

Advocacy is a key element of the job as a barrister, so you must feel at ease speaking in

front of large groups of people. Your job is to convince the jury, so you must be persuasive and

strong willed.

Although the most public facet of the work of barristers is appearing in court, the time

spent preparing for trial is equally important. It is before the trial that the real work is done, with

the research undertaken by barristers and their teams often determining success at trial.

A barrister must also possess excellent personal skills so as to earn the trust of clients and

fellow colleagues. An ability to deal with pressure is vital as late nights are common and the

pressure of court appearances high.

The traditional image of a barrister is of someone coming from a privileged social milieu.

However, the stereotype is gradually changing, and successful barristers can now be found from a

variety of social and educational backgrounds.

6. European Union Law

The European Union (EU) was originally known as the European Economic Community and was

founded in 1957 by the Treaty of Rome. The founding member states were Italy, France, West

Germany, the Netherlands, Belgium and Luxembourg. The Maastricht Treaty of 1992 established

the idea of a European Union instead of a European Community. Over the years the number of

member states increased from six to 28.

With the signing of the Treaty of Accession in December 2011, Croatia became the 28th member

state in July 2013. However, the prolonged global economic crisis has put pressure on a number of

EU countries to put their accounts in order, particularly in the ‘eurozone’, and the question of the

future enlargement of the EU has become less of a priority than it was a few years ago.

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Following the referendum held in the United Kingdom on 23 June 2016 where 51.9% of the

population voted to leave the EU against 48.1% in favour of remaining, the UK began the process

of exiting from the EU.

The EU’s main goal is the progressive integration of member states' economic and political

systems and the establishment of a single market based on the free movement of goods, people,

money and services. The EU has a unique institutional set-up:

its overall political direction is set by the European Council which brings together national

and EU-level leaders: the Presidency of the Council is shared by member states on a six-

month rotating basis;

directly elected Members of the European Parliament (MEPs) represent European citizens

in the European Parliament;

the interests of the EU as a whole are promoted by the European Commission, whose

members are appointed by national governments.

Together these three institutions produce, through the "Ordinary Legislative Procedure"

(previously known as "co-decision"), the policies and laws that apply throughout the EU. In

principle, the Commission proposes new laws, and the Parliament and Council adopt them. The

Commission and the member countries then implement them, and the Commission ensures that

the laws are properly applied and implemented.

EU law is divided into 'primary' and 'secondary' legislation. The Treaties (primary

legislation) are the basis or ground rules for all EU action. The European Union is based on the rule

of law, meaning that every action taken by the EU is founded on treaties that have been approved

voluntarily and democratically by all EU member countries.

The Treaty of Lisbon of 2007 increased the number of policy areas where 'Ordinary

Legislative Procedure' is used. The European Parliament was also given more power to block a

proposal if it disagrees with the Council.

Secondary legislation includes regulations, directives and decisions which are derived from

the principles and objectives set out in the treaties. Regulations, directives and decisions take

precedence over national law and are binding on national authorities. The principle of the

supremacy of European Union law over national law was first laid down in 1964 in the famous

Costa v. ENEL case. The question of EU law overriding national laws has sometimes caused

friction in a number of member states, including the United Kingdom.

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The EU also issues non-binding instruments such as recommendations and opinions which

have persuasive force.

Two other institutions play vital roles:

the Court of Justice upholds the rule of European law;

the Court of Auditors checks the financing of the EU's activities.

The powers and responsibilities of all of these institutions are laid down in the Treaties.

7. A brief history of forensic science

Forensic Science is the application of science and technology to investigate criminal acts: it is used

as evidence in court.

The word forensic comes from the Latin forensis meaning "of or before the forum". In

ancient Roman society, cases involving criminal charges were presented before a group of

individuals in the forum. Both victim and suspect gave speeches supporting their side of the story.

The best argument determined the outcome of the case.

Some claim that the first recorded autopsy occurred in 44 B.C. when the Roman physician

Antistius examined the body of Julius Caesar and determined that, although Caesar was stabbed

23 times, only one wound through his chest caused his actual death.

As the Roman Empire declined, forensic science made little progress in the west for about

1000 years. In the 13th century the book The Washing Away of Wrongs was published in China: it is

considered to be the first known record of medical knowledge used to solve criminal cases.

In 1590 the discovery of the microscope opened up many new areas of forensic science.

Forensic investigators could now study tiny wounds, or glass fragments, and the characteristics of

hair and fibres.

Around the same period two Italian surgeons, Fortunato Fidelis and Paolo Zacchia, laid the

foundations of modern pathology by systematically dissecting bodies to understand the signs of

drowning, strangulation, sexual assault, gunshot wounds or infanticide.

The first recorded instance of physical matching of evidence leading to a murder conviction

was in 1784 in Lancaster, England. Evidence was a tiny piece of newspaper in a pistol that matched

the newspaper in the murderer’s pocket.

In 1806 the German chemist Valentin Ross developed a method of detecting arsenic in a

victim’s stomach, thus advancing the investigation of poison deaths.

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One big leap in forensic science came in the second half of the 19th century with the work of

people like Henry Faulds (a Scot working in Tokyo) and William James Herschel (an English

official working in India) who both arrived at the same conclusion, i.e. that human fingerprints

were unique to individuals and that no two sets were identical. In 1892 police in Argentina were

able to identify a murderer by a bloody fingerprint he left on a doorway. That year the world’s first

fingerprint bureau was established.

Another important discovery was that people have different blood groups, so that blood

stains left at a scene or found on an injured party could be linked to a suspect.

The discovery of DNA analysis – identifying a person’s unique biological code –

revolutionized forensic science. DNA replaced blood as the most powerful method of

identification. In 1996 a UK database of DNA was established, a powerful addition to fingerprint

records. Since then, the predictive power of forensic science has been significantly improved using

computers.

Computer graphics are now used to create visual evidence to clarify the events of a crime

for jurors. 3D constructions of crime scenes, traffic collisions and bullet trajectories are all used to

solve crimes. However, animated reconstructions have also been criticized as being potentially

misleading due to their persuasiveness.

Forensic science has been greatly popularized by authors such as Sir Arthur Conan Doyle,

through the character of Sherlock Holmes, and through many contemporary TV series such as CSI.

8. The role of the coroner

Forensic medicine includes the field of death investigations. The job of the coroner is to determine

the cause of any sudden or unnatural death. In England and Wales a coroner usually has a legal

background but will also be familiar with medical terminology. The word coroner derives from the

same source as the word crown, and denotes an officer of the crown.

Where the cause of death is not immediately obvious, a coroner must inquire and decide on

a cause before the death can be certified and a funeral arranged. Part judge, part investigator, the

coroner examines all unnatural deaths which have not obviously been caused in carrying out a

crime.

In some jurisdictions across the world coroners are also known as ‘medical examiners’. The

powers of coroners and medical examiners vary according to local laws.

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In England and Wales, the office of coroner first came into being in 1281. The coroner has

sometimes been termed ‘the people’s judge’, because often it is the only coroner who discovers the

true facts of a death after the police and other authorities have failed.

If a coroner decides that an investigation is necessary, a pathologist will normally carry out

a post-mortem examination of the body. The coroner must release the body as soon as possible.

Where there is conflicting or complex evidence about the circumstances of a death, a

coroner may hold an inquest. This is a court hearing in which the coroner acts as judge and also as

inquisitor. Inquests are often held with juries, whose job is to listen to the evidence and decide on

the cause of death by returning a verdict.

Coroners’ courts can return several types of verdict, including:

accident – death was caused by accidental circumstances for which no one is to blame;

misadventure – death occurred as a direct result of the deceased knowingly engaging in a

risky activity;

suicide – the deceased took his or her own life;

neglect – the deceased was in a position of dependency on others, whose extreme neglect

caused his or her death;

unlawful killing – the death was a homicide;

open – there is insufficient evidence to arrive at a cause of death.

Because of their independence, coroners have sometimes embarrassed governments in

pursuing the truth. In recent years coroner’s juries have returned verdicts of unlawful killing in

cases where British soldiers have been killed by so-called friendly fire in Afghanistan and Iraq,

causing diplomatic tension between Britain and the USA. The coroner’s inquiry into the death in

1997 of Princess Diana in Paris lasted ten years, and heard evidence implying that members of the

British Royal Family were involved in a conspiracy to murder her. The jury eventually rejected

these allegations.

In Scotland there are no coroners. Deaths requiring judicial examination are reported to the

Procurator Fiscal and dealt with by Fatal Accident Inquiries conducted by the Sheriff for the area.

Many people think that the coroner is largely involved in the investigation of suspicious

deaths that may have a criminal background such as suspected murders. In fact homicide

investigations form a very small part of the work of coroners. The vast majority of cases reported

to a coroner involve unexplained natural deaths and deaths suspected to be from direct or indirect

trauma.

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9. Expert witnesses, forensic evidence and admissibility

Since medieval times, the common law system has dealt with issues as to when and how to use

expert knowledge to assist it in resolving disputes. The earliest records of expert witnesses date

back to the 14th century and involve cases in which surgeons were summoned to establish

whether a wound was fresh.

Over the years, evidence presented in court has become increasingly difficult for the

average juror to understand. By calling on an expert witness who can discuss complex evidence in

an easy-to-understand manner, trial lawyers can better present their cases and jurors can be better

equipped to evaluate the evidence. But how does the court define whether a person is an expert?

What qualifications does an expert witness need to have?

The expert witness must act independently and not be influenced by any party. In theory,

the expert witness is an educator for the court in understanding matters beyond the knowledge or

experience of ordinary citizens by providing opinion on evidence that is honest, scientifically

based and unbiased.

In the United States, Federal Rule of Evidence 702 only allows experts qualified “by

knowledge, skill, experience, training, or education.” To be considered a true expert in any field

generally requires a significant level of training and experience. The various forensic disciplines

follow different training plans, but most include in-house training, assessments and practical

exams, and continuing education.

A court can accept any person as an expert, and there have been cases where individuals

who lack proper training and background have been declared experts. When necessary, the

opponent can question potential witnesses claiming that they do not have applicable expertise and

are not qualified to testify on the topic. The admissibility decision is left to the judge.

In England and Wales, the duties of an expert witness are regulated by the Civil Procedure

Rules 1998. There is a UK Register of Expert witnesses. It should always be kept in mind that

expert evidence is merely one tool to be used in proving a case. The danger in relying too much on

the findings of experts is demonstrated in several cases relating to DNA analysis, where there was

no other evidence against the accused except the presence of his/her DNA found at the scene of a

crime.

The general rule is that expert witnesses should only testify on matters within their

knowledge.

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In the adversarial process as exists in the US or England and Wales, the competing parties,

rather than the court, call the witnesses. Both parties gather their evidence, including statements

by the witnesses and then decide which of them will appear in court. The opposing party can

challenge the evidence presented through calling their own witness to provide an alternative view

on the issues or by cross-examination. It has been argued that one of the advantages of an

inquisitorial model (the model adopted by most European countries) is that it ensures that all

relevant witnesses are heard, whereas in the adversarial system if a witness is not helpful to one of

the parties then he or she may not be called.

10. Forensic linguistics

Forensic linguistics, or forensic stylistics as it is sometimes called, applies linguistic techniques to

legal and criminal issues. This discipline subjects written or spoken materials, or both, to scientific

analysis for determining and measuring content, meaning, speaker identification, or determining

authorship.

In the analysis of a crime, it is important to study the written or spoken language of the

perpetrator, as it can offer insight into the offender's age, race, gender, level of education, religious

or spiritual beliefs, geographic and socio-economic background, culture, and ethnicity.

Most adults' speech patterns retain elements of the local accent, and sometimes of the local

dialect, from the geographic region where they spent their childhood. Written communications

provide fewer clues, although vocabulary and the use of colloquialisms may give an idea of

geographic region.

Forensic linguists are involved in many areas relating to crime, both solving crime and

absolving people wrongly accused of committing crimes. Some of these areas of research and

expertise include:

voice identification, e.g. deciding whether the voice on a threatening tape recording was

that of the defendant;

author identification, e.g. determining who wrote a particular text by comparing it to

known writing samples of a suspect;

discourse analysis, e.g. analysing the structure of a written or spoken utterance, often

secretly recorded, to help determine issues such as whether a suspect is agreeing to take

part in a criminal conspiracy;

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linguistic proficiency, e.g. did a suspect understand the Miranda warning (i.e. the right to

silence warning) or police caution?;

dialectology, e.g. determining which dialect of a language a person speaks, usually to show

that a defendant has a different dialect from that on an incriminating tape recording. As

opposed to voice identification, which analyses the acoustic qualities of the voice,

dialectology uses linguistic features to accomplish similar goals;

"linguistic origin analysis", e.g. the process of trying to determine what a person's native

language is, often for purposes of granting or denying applications for political asylum.

"linguistic veracity analysis", which refers to various linguistically-inspired methods for

determining whether a speaker or writer was being truthful.

These areas of research have varying degrees of acceptability or reliability within the field.

Thus, voice identification, if carried out by a qualified phonetician who understands the

limitations of the methodology and findings, is accepted as being relatively reliable.

Forensic linguists also study the contents of suicide notes to determine whether they were

genuinely authored by the deceased, or whether they might have been fabricated as a means of

disguising a homicide.

The analysis of cybercrime is an emerging field of expertise for forensic stylists. Hackers use

written code to break into, or to sabotage, programs and computer systems; sometimes the code

can be linked to a particular individual through the use of stylistics.

One of the disadvantages of using author identification in a forensic setting is that the

documents, such as ransom notes or threatening letters, are usually much too short to make a

reliable identification. Moreover, it is still not scientifically established which linguistic features

are reliable indicators of authorship. However, author identification may be sufficiently reliable to

eliminate someone as an author, or select an author from a small group of suspects.

11. The Derek Bentley case

On 28 January 1953, Derek Bentley, aged 19, was hanged at Wandsworth Prison, London, for his

part in the murder of Police Constable Sidney Miles. Last-minute calls for clemency were rejected.

On 2 November 1952, Derek Bentley was with his 16-year-old friend Christopher Craig on the

roof of a warehouse in Croydon, Surrey, where they were attempting a break-in. A young girl had

seen them and called the police. A police car promptly arrived on the scene. Detective Sergeant

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Frederick Fairfax managed to climb onto the roof and saw that 16-year-old Craig had a revolver. It

appears that the detective said to Craig “Hand over the gun, lad”, and that Bentley shouted the

ambiguous words “Let him have it, Chris”, which could mean either “hand over the gun” or

“shoot him”. Craig fired his revolver at Detective Fairfax, wounding him in the shoulder. Police

Constable Sidney Miles then appeared on the roof, and Craig shot him in the head and killed him.

Bentley and Craig were arrested, and on 11 December 1952 Bentley was sentenced to death at

the Old Bailey criminal court, while Craig was sentenced to imprisonment as he was still a

juvenile.

Bentley was convicted on the basis of police evidence. Three officers told the court they had

heard him encourage Craig to shoot by shouting "Let him have it". Bentley's defence claimed he

was already under arrest at the time the shots were fired and was simply urging Craig to give up

his gun.

Moreover, certain crucial pieces of evidence only came to light later on when Bentley’s family

began a campaign to clear his name. His sister Iris claimed her brother, who was unable to read

and write, had a mental age of an 11-year-old and was also epileptic. For years she kept his case in

the public eye, writing letters to politicians, giving interviews and talks and writing a book.

In 1991 a film Let Him Have It was made of Bentley's story highlighting the injustice of the case.

Eventually, in 1993 Home Secretary Michael Howard granted Bentley a partial pardon, saying

it was clear he should never have been hanged, but he remained guilty of taking part in the

murder.

Scientific evidence also showed the three police officers who testified about Bentley shouting

"Let him have it" had lied under oath.

Other inconsistencies emerged following the examination by forensic linguist Malcolm

Coulthard of the ‘verbatim’ transcript of Bentley’s confession. Coulthard analysed several

linguistic features, including the unusual syntactic position of the temporal adverb then which

appeared 10 times in the transcript coming after the subject, e.g. “Chris then jumped over and I

followed”, instead of coming before the subject (“Then Chris jumped over and I followed”), which

is a far more common usage in conversation. The conclusion was that the transcript did not

correspond to Bentley’s actual words but had been modified by the police when the transcript was

written down.

In 1998 the Appeal Court quashed Bentley's conviction on the grounds the original trial judge

was biased against the defendants and misdirected the jury on points of law.

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Iris Bentley died in 1997 before the case was referred back to the Appeal Court.

Craig served 10 years before being released.

12. The CSI effect

Crime and courtroom proceedings portrayed on film and television have long been popular. In

recent years, however, the media's use of the courtroom has changed, e.g. by focusing on the way

new science and technology help in solving crimes.

The first episode of the American police drama TV series CSI: Crime Scene Investigation was

aired on 6 October 2000. The series ended on 27 September 2015 after 15 seasons. CSI follows a

fictional team of Crime Scene investigators employed by the Las Vegas Police department as they

use physical evidence to solve murders.

The popularity of the TV series has been so great that a new phrase has entered the

criminological lexicon: “the CSI effect”. In 2008 Monica Robbers, an American criminologist,

defined it as “the phenomenon in which jurors hold unrealistic expectations of forensic evidence

and investigation techniques, and have an increased interest in the discipline of forensic science.”

It has been demonstrated that the CSI effect is indeed real. Evan Durnal of the University of

Central Missouri's Criminal Justice Department has collected evidence from a number of studies to

show that exposure to television drama series that focus on forensic science has altered the

American legal system in complex and far-reaching ways.

The most obvious symptom of the CSI effect is that jurors think they have an exhaustive

understanding of science they have seen presented on television, when they do not.

In one study carried out in 2008, 62% of defence lawyers and 69% of judges agreed that

jurors had unrealistic expectations of forensic evidence.

Prosecutors in the United States are now spending much more time explaining to juries

why certain kinds of evidence are not relevant. Prosecutors have even introduced a new kind of

witness—a “negative evidence” witness—to explain that investigators often fail to find evidence at

a crime scene.

Criminals watch television too, and it appears that they are also changing their behaviour.

Most of the techniques used in crime shows are, after all, at least grounded in truth. Bleach, which

destroys DNA, is now more likely to be used by murderers to cover their tracks. Wearing gloves is

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more common, as is using tape to seal an envelope rather than licking it. So criminals today leave

fewer traces of themselves behind than they used to.

The CSI effect can also be positive, however. In one case in Virginia jurors asked the judge

if a cigarette butt had been tested for possible DNA matches to the defendant in a murder trial. It

had, but the defence lawyers had failed to introduce the DNA test results as evidence. When they

did, those results exonerated the defendant, who was acquitted.

Of course the makers of the television shows have never claimed their shows are

completely accurate. Forensic scientists do not usually carry guns or arrest people, and tests that

take minutes on television may take weeks to process in real life. The CSI effect would seem to be

born of a desire to believe that morally impeccable individuals are fighting to clear the names of

the innocent and put the bad guys behind bars. In that respect, unfortunately, life does not always

imitate art.