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Every link in the chain: The police interview as textual intersection
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Revelation and rhetoric: a critical model of forensic discourse
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Communication and magic: Authorized voice, legal-linguistic habitus and the recontextualization of 'beyond reasonable doubt'
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Projecting voice: towards an agentive understanding of a critical capacity
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Narrative navigation: narrative practices in forensic discourse
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Judgement in court: evaluating participants in courtroom discourse
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The language of conviction and the convictions of certainty: Is sure an impossible standard of proof?
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'Beyond reasonable doubt': The criminal standard of proof instruction as communicative act
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Abstract:
If juries are to bring in just verdicts in criminal trials, they need to understand the criminal standard of proof – beyond reasonable doubt – and apply it to the evidence they have heard in court. Yet courts have been notoriously ineffective in communicating that standard to lay jurors. This paper locates the problem not so much in specific wordings as in the entire paradigm of ‘instruction as legal text’ under which courts have tended to operate. After illustrating the effects of this paradigm on Judge Ito’s instruction in the O. J. Simpson criminal trial, the paper calls for a paradigm shift. It thus reinterprets the criminal standard as a communicative act, beginning with the message to be conveyed, some necessary conditions for conveying that message to the jury, and the role of the judge in delivering the message. The paper concludes with some recommendations for communicating the standard of proof instruction effectively.
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Keyword:
K Law (General); P Philology. Linguistics
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URL: https://www.equinoxpub.com/journals/index.php/IJSLL/article/viewArticle/959 http://orca.cf.ac.uk/3640/
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The language of jury trial: A corpus-aided analysis of legal-lay discourse
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