An Introduction to Applied Linguistics by Schmitt Norbert;Rodgers Michael P. H.;

Author:Schmitt, Norbert;Rodgers, Michael P. H.;
Language: eng
Format: epub
Publisher: Taylor & Francis Ltd
Published: 2020-02-16T16:00:00+00:00

Pedagogical implications

This chapter has illustrated how forensic linguistics raises legal professionals’ awareness of best practices for effective communication. Raising the awareness of the general public is equally important, especially as part of the secondary school curriculum and foreign language teaching programs (classes on General English and English for Specific Purposes). Without the basic understanding of the role language, power and narrativization play in legal settings, lay people may find the system alienating and discouraging. It is therefore extremely important to support young people and adults in developing not only general language competence but also discursive competence, i.e., the ability to communicate effectively in legal settings. Irrespective of whether the person is communicating in their mother tongue or foreign language, they need to understand legal processes and procedures as well as have linguistic and discursive skills to ensure their version of the narrative is heard and they can follow the process (be it in the role of a victim, witness, defendant, litigant in person, a litigation friend, or the jury).

Understandably though, when communication happens in a foreign language, potential complications multiply. Coulthard and Johnson (2007: 137) discuss a case when the police failed to call in an interpreter despite the fact that the detainee explicitly said he could not understand English properly and he could not express himself clearly during the interview. While in this case it is clear that the detainee needed an interpreter, some situations are less clear-cut. Eades (2002) discusses problems Aboriginal witnesses experience in Australian courts due to differences in cultural expectations during interaction: pausing before answering questions to show they are considering a response and using ‘yes’ as a gratuitous response to a question even if they do not agree or do not understand the question itself. Such interaction conventions are, however, highly unusual in mainstream Australian culture and may be perceived as an attempt to deceive the audience. Cross-cultural communication skills are therefore an additional competence for non-native speakers to acquire.

When it comes to efficient ways of acquiring the competences and skills required in legal settings, Katrnakova (2018) discusses the uses of video conferencing as a collaboration between Aberystwyth University, Masaryk University and University of Helsinki. Regular video conferencing sessions are planned as part of the English language teaching curriculum for undergraduate law students and visiting Erasmus students at the three universities. A combination of tasks for asynchronous and synchronous communication leading to a mock trial allows students in different locations to follow legal processes and procedures as part of the judiciary, jury, defence legal team, prosecution legal team, or as police officers, experts, witnesses, press representatives or defendants. The project allows students to: create a community of practice; work on realistic tasks directly related to employability; use English as a lingua franca for goal-oriented, intercultural communication; practise General English and English for Specific Purposes; develop specific discursive competences and acquire a better understanding of legal processes and procedures. A shift towards integrating discursive and professional practices (Bhatia, 2008) into the curriculum for young people

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