In The Language of Fraud Cases, Roger Shuy follows the now well-established format of his previous volumes on language and law. He discusses here eight cases that he himself has consulted on, and that illustrate how linguistics can help to solve the various problems that arise in trying to define fraudulent language in the context of law. He examines speech events, schemas, agendas, speech acts, conversational strategies, as well as smaller language units such as sentences, phrases, words, and sounds, and discusses how these can play a major role in deciding fraud cases. The cases chosen for this volume hinge on recorded language evidence, making them particularly relevant for linguistic analysis, and include cases of government contracts, EPA regulations, foreign corrupt business practices, trade secrets, money laundering, securities trading, art theft, and price fixing. Through his examination of these cases, Shuy demonstrates the significant contribution of linguistic analytical methodology to the understanding of language evidence and its success in revealing willful uses of fraudulent language to achieve financial gain.

The Language of Fraud Cases

Reference

Shuy, Roger W.

Words, Language & Grammar

Oxford University Press

Much has been written about how criminal suspects, defendants, and the targets of undercover operations employ ambiguous language as they interact with the legal system. This book examines the other side of the coin, describing fifteen criminal investigations that demonstrate how police, prosecutors, and undercover agents use deceptive ambiguity with their subjects and targets, thereby creating misrepresentations through their uses of speech events, schemas, agendas, speech acts, lexicon, and grammar. This misrepresentation also can strongly affect the perceptions of later listeners, such as judges and juries, about the subjects' motives, predispositions, intentions, and voluntariness. Deception is commonly considered intentional while ambiguity is often excused as unintentional, in line with Grice's maxim of sincerity in his cooperative principle. Most of the interactions of suspects, defendants, and targets with representatives of law enforcement, however, are oppositional, adversarial, and non-cooperative events that provide the opportunity for participants to stretch, ignore, or even violate the cooperative principle. One effective way law enforcement does this is by using ambiguity. Suspects and defendants may hear such ambiguous speech and not recognize the ambiguity and therefore react in ways that they may not have understood or intended. The fifteen case studies in this book illustrate how deceptive ambiguity, whether intentional or not, is used as commonly by police, prosecutors and undercover agents as it is by suspects and defendants.

Deceptive Ambiguity by Police and Prosecutors (Oxford Studies in Language and Law)

Legal Education

This book by Roger W. Shuy, the senior figure in forensic linguistics, is the first to explain in an accessible way the vital role that linguistic evidence and its proper analysis play in criminal investigations. Shuy provides compelling case studies of how language functions in investigations involving, among others, wired undercover operatives, and the interrogation of suspects. He makes the point that language evidence can be as important as physical evidence, but yet does not enjoy the same degree of scrutiny by investigators, attorneys, and the courts. Beyond this, however, his more controversial thesis is that police frequently misuse or manipulate language, using various powerful controversial strategies, in order to intentionally create an impression of the targets' guilt or even to get them to confess. This book makes its case by analyzing a dozen criminal cases involving a variety of crimes, such as fraud, bribery, stolen property, murder, and others. About half involve co-operating witnesses who do the tape recording, and the other half undercover police officers. These cases demonstrate how undercover operatives use different conversational strategies, such as overlapping conversation, ambiguity, interruption, refusing to take "no" for an answer, and others to create a negative impression of the targets on later listeners. Creating Language Crimes provides a fascinating window into a little-known and discussed facet of law enforcement. It will appeal to anyone concerned with language (particularly sociolinguists and discourse analysts), as well as to those involved in law enforcement and criminal cases.

Creating Language Crimes: How Law Enforcement Uses (and Misuses) Language

Politics & Social Sciences

Social Sciences

This is a practical guide for both beginning and established linguists who have been asked by lawyers to address the language issues in their civil and criminal cases. Author Roger W. Shuy deals with issues of how to become an expert, how to start and manage a practice of consulting on law cases, how to address the issue of professional ethics, how to work with lawyers, write reports, affidavits, and participate successfully in depositions, direct examination, and cross examination at trial. The book also suggests ways that linguists can use their forensic linguistic experiences in their publications and classroom teaching, along with suggestions of recent books that forensic linguists may need for their personal libraries.

Linguistics in the Courtroom: A Practical Guide

Most people fight over something or other and language is usually at the very center of the conflict. Often the way we use language is the cause of the battle. There are many areas in which fighting about language can be observed but civil law cases offer the most fertile examples of this warfare over words. What did the contract actually say? Was there deception in the advertising? Was the warning label clear and effective? Did the company evidence race or age discrimination against employees or customers? Was one company's name too similar to that of another company? Did the corporation plagiarize the work of another? Did it fraudulently represent what its work? This book is about the ways linguistic analysis describes, exposes, and aids disputes in 18 civil cases where language framed the battleground. Roger Shuy, a well-known forensic linguist and consultant, shows how the skills of linguistic analysis can help resolve disputed meanings, while also showing how civil cases can prove to be fertile ground for linguistic scholarship. He does this by collecting and analyzing cases involving contracts, trademark disputes, advertisements, product liability, copyright infringement, discrimination, trademark disputes, and fraud controversies. In each case he employs all the tools of formal linguistics to show how it can be as helpful as other physical sciences in resolving legal disagreements. The work will be of interest primarily to linguists -- sociolinguists, forensic linguists, and scholars and students of law and society -- as well as lawyers and law students.

Fighting over Words: Language and Civil Law Cases

Slander and libel cases are largely about how one party uses language in ways that are claimed to defame one another. Linguistic expertise can be central to the case. In The Language of Defamation Cases, Roger W. Shuy describes eleven representative lawsuits--involving newspapers, television stations, religious leaders, physicians, teachers, entertainers, unions, insurance companies, and manufacturers--for which he served as a consultant. Shuy's linguistic analysis illustrates how grammatical referencing, speech acts, discourse structure, framing, conveyed meaning, intentionality, and malicious language affected the outcome of these cases. The Language of Defamation Cases shows how linguistics can be used to help resolve libel and slander cases. It will appeal to students and scholars of applied linguistics and forensic linguistics.

The Language of Defamation Cases

Humor & Entertainment

The Language of Murder Cases describes fifteen court cases for which Roger W. Shuy served as an expert language witness. Investigations and trials in murder cases are guided by the important legal terms describing the mental states of defendants: intentionality, predisposition, and voluntariness. Unfortunately, statutes and dictionaries can provide only loose definitions, largely because mental states are virtually impossible to define. The meaning of these terms, therefore, must be adduced either by inferences and assumptions, or by any available language evidence-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 before and during trial. In this book, Shuy explains how vague legal terminology can be clarified by analysis of the language used by suspects, defendants, law enforcement officers, and attorneys. He examines speech events, schemas, agendas, speech acts, conversational strategies, as well as smaller language units such as syntax, lexicon, and phonology, and discusses how these can play a major role in deciding murder cases. In his analysis, Shuy draws on his personal experience testifying at fifteen fascinating murder trials, focusing on 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.

The Language of Murder Cases: Intentionality, Predisposition, and Voluntariness

Legal History

The Language of Perjury Cases outlines the contributions that linguistics can make to both the gathering of evidence and the way that evidence is analyzed in perjury cases. Roger W. Shuy describes eleven representative lawsuits--involving bankruptcy, unions, hunting licenses, doctors, priests, and Senators--for which he served as a consultant. Shuy's linguistic analysis illustrates how grammatical referencing, speech acts, discourse structure, framing, conveyed meaning, intentionality, and malicious language affected the outcome of these cases.

The Language of Perjury Cases

In The Language of Bribery Cases, Roger W. Shuy analyzes the role that language plays in bribery cases. He describes twelve court cases for which he served as an expert witness or consultant and explains the issues at stake in each of these cases, for both lawyers and linguists. The cases described include the bribery or alleged bribery of United States senators, congressmen, judges, businessmen, and brothel owners. Shuy describes the often-unused linguistic analytical tools that are available to both the prosecution and defense as they argue these cases. He illustrates how grammatical referencing, speech acts, discourse structure, framing, conveyed meaning, and intentionality can be useful, describing how these tools affected the outcomes of the particular cases discussed in this book. The cases, fascinating in their own right, offer valuable insights not only to linguists, but also to lawyers who argue bribery cases, many of whom may not be aware of the linguistic tools available to them.

The Language of Bribery Cases (Oxford Studies in Language and Law)

Biographies & Memoirs

True Crime

Language Crimes: The Use and Abuse of Language Evidence in the Court Room (Language Library)

Blackwell Pub.

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