“Since the defendant has lived in the US for 10 years, she didn’t need an interpreter.” The judge, accepting the prosecutor’s argument, does not allow language assessment findings showing 1) that the defendant was assessed to have very limited English skills; and 2) that it was highly likely she did not understand the police. Context was ignored.
Applied Sociolinguistics has long encompassed social issues, e.g., language attitudes. Some misconceptions are sincerely held beliefs about how language works. Others are direct negative expressions about members of a group.
This presentation focuses on popular beliefs held by legal practitioners about non-native speakers (NNSs) which may affect the way they think about, interact with, and evaluate NNSs. When these beliefs are perpetuated in judicial opinions, police reports, and police-suspect interviews, the consequences can be serious. The judge perpetuated such a misconception in her written opinion.
Too often linguistics and other social sciences are not as readily accepted in courts as the “hard” sciences (Mertz et al. 2016). Thus, it’s important to address misconceptions so scientifically-grounded linguistics research can gain credibility. In the opening legal example, the attorney based his argument on a myth to appeal to emotions although acquisition research studies show that Length of Residence is not a stand-alone predictor of language performance. Popularized misconceptions might then gain the status of myths, and then “facts”.
The data analyzed are from studies of judicial opinions (Wennerstrom; Nodar), individual cases, and personal communications with judges, attorneys, and sociolinguists. Linguists addressing myths/ popular beliefs about language include sociolinguist Shuy and SLA researchers Lightbown & Spada.
The handout lists myths with counter-evidence from research.
Lightbown, P, & N. Spada. (2013). How Languages Are Learned.
Nodar, L. (2012). And Justice for All: Non-Native English Speakers in the American
Legal System. Conference proceedings, University of Porto.
Mertz, E., et al. Eds. (2016). Translating the Social World for Law: Linguistic Tools
for a New Legal Realism. ]
Shuy, R. (1981). Four Misconceptions about Clarity and Simplicity. Language Arts
and (1993) Language Crimes.
Wennerstrom, A. (2011). Why is this judge a language assessment expert? 10th IAFL
Conference, University of Aston.
