Resumen
The author is a High Court judge of Criminal Division, and university lecturer. He wrote his PhD dissertation “Influencing testimonies in the criminal procedure” in 2008. His field of research includes the common area of forensics and applied linguistics, forensic linguistics. In his present research, he is discussing the questions of using linguistic evidence in forensics and criminal procedures, primarily from the perspective of identification and verification theory. It occurs more and more often that a forensic linguist is hired during the criminal procedure, who assists in drawing conclusions about the authors and the making of different texts by analyzing them. A forensic linguistics expert may also provide a lot of information on the linguistic data coming from what was heard during the confessions (effects of word usage, sentence structure, wording, stereotypes). This is important when searching for the truth in criminal cases because often the meaning of linguistic communication is not found in the particular words. Thus the judge is expected during making a decision to be familiar with the accomplishments of forensic linguistics, and of other related sciences, such as sociology, sociolinguistics, and psychology. The research method is the study of forensic files. The aim of his research is to lower the rate of false judicial decisions, and to increase the extent to which judges' decisions cover reality.
Citas
Chiocchetti, Elena –Ralli, Natascia –Wissik, Tanja: The role of the domain expert in legal / administrative terminology work. In.: Language and Law in Social Practice Research edited by Girolamo Tessuto –Rita Salvi E-book, (ISBN: 978-88-99459-22-2) 249- 265. p.
Elek, Balázs. 2014. A jog és a nyelvészet egyes összefüggései a büntetőeljárásban (Law and language certain questions in the criminal procedure). Miskolci Doktoranduszok Jogtudományi Tanulmányai. 15/1. 109-132. Miskolc: Bíbor Kiadó.
Fliegauf, Gergely – Ránki, Sára. 2006. Fogva tartott gondolatok. L’Harmattan Kiadó. 133-181.
Hart, Jonathan, D. 1996. Why Expert Testimony on the meaning of Language Has No Place in Libel Suits. 14 Communications Lawyer, Spring, 8-11. p.
Ibolya, Tibor. 2015. Kriminalisztikatörténeti tanulmányok. Budapest:Patrocinium.7-30.
Juhász, József – Szilák, Jolán. 1974. Gondolatok a kriminalisztikai szövegelemzésről. Belügyi Szemle. 64-65.
Király, Tibor. 2000. Bizonyítás a készülő büntetőeljárási kódexben. (Verification in the code of criminal procedure in the making.) In: Büntetőeljárási jog. (Criminal procedural law.) (edited by Pusztai László) 90-102. p. Budapest: Osiris.
Lawson, Gary, S. Linguistics legal epistemology: Why the law pays less attention to linguists than it should. Washington University Law Quarterly, Vol. 73: 995-999. p.
Lempp, J.H. 2002. A helyes kérdezés módja. [The method of appropriate questioning.] p. 397-406. Psychotherapy
Nagy, Ferenc. 1980. Kriminalisztikai szövegnyelvészet. Budapest: Akadémiai Kiadó.
Nagy, L. 1966. Tanúbizonyítás a büntetőperben. [Witness verification in the criminal trial.] p.532 Budapest: Közgazdasági és Jogi Könyvkiadó [Publisher of Books on Economics and Law].
Ophir, D. 2013. Computerized Legalinguistics and Psychology – Overriding the Polygraph’s Drawbacks. In Comparative Legilinguistics, Volume 15/2013, 33-52. p.
Pápay, Kinga. 2007. Valószínűségi skálák az igazságügyi nyelvészetben. In:I. Alkalmazott Nyelvészeti Doktorandusz Konferencia (edited by Váradi Tamás) 102-113. Budapest: MTA, Nyelvtudományi Intézet, 2007.02.02, (ISBN 977-963-9074-44-6)
Randall Trahan, John. 2016. Levasseur, Legal Linguist. In Lousiana Law Review, Vol. 76: 1025-1061.
Ránki, Sára. 2013. Nyelvész az igazságszolgáltatásban. Ügyvédek Lapja Vol:1: 26-27.
Rogers, J. 2000. Befolyásolási képesség. [Influencing abilities.] (translated by A. Borbás) p.48. Budapest: Scolar.
Szilák, Jolán. 1981. Újságcikkek szerzőjének megállapítása kriminalisztikai nyelvészeti szövegelemzéssel. Belügyi Szemle,6:114-116.
Szilák, Jolán. 1984. A valóság visszatükröződése a névtelenlevelekben. Belügyi Szemle,12: 117-122.
Tiersma, Peter M. 1993. The judge as a linguist. In Loyola of Los Angeles Law Review. November, Vol.27: 269-283
Trunkos, Ildikó. 2014. „Nyelvi uljlenyomatunkból” alkot profilt az ügyészségnek. Győr plusz hetilap, 26 september, 2014, 10-11. http://www.fesz.hu/editor_up/gyorplusz_14_szeptember 26.pdf
Licencia
When submitting a paper the author agrees to the following publishing agreement and processing personal data.
PUBLICATION AGREEMENT, COPYRIGHT LICENSE, PERSONAL DATA PROCESSING CONSENT
This is a publication agreement and copyright license (“Agreement”) regarding a written manuscript currently submitted via Pressto platform
(“Article”) to be published in Comparative Legilinguistics International Journal for Legal Communication (“Journal”).
The parties to this Agreement are:
the Author or Authors of the submitted article (individually, or if more than one author, collectively, “Author”) and Comparative Legilinguistics International Journal for Legal Communication (“Publisher”), address al. Niepodległości 4, 61-874 Poznań, represented by its editor in chief Aleksandra Matulewska.
§1. LICENSE OF COPYRIGHT
a) The Author and the Publisher agree that the Author grants a Creative Commons Attribution 4.0 International License, which is incorporated herein by reference and is further specified at Creative Commons — Attribution 4.0 International — CC BY 4.0 copyright license in the Article to the general public.
b) The Author grants to the Publisher a royalty-free, worldwide nonexclusive license to publish, reproduce, display, distribute, translate and use the Article in any form, either separately or as part of a collective work, including but not limited to a nonexclusive license to publish the Article in an issue of the Journal, copy and distribute individual reprints of the Article, authorize reproduction of the entire Article in another publication, and authorize reproduction and distribution of the Article or an abstract thereof by means of computerized retrieval systems (such as Westlaw, Lexis and SSRN). The Author retains ownership of all rights under copyright in the Article, and all rights not expressly granted in this Agreement.
c) The Author grants to the Publisher the power to assign, sublicense or otherwise transfer any and all licenses expressly granted to the Publisher under this Agreement.
d) Republication. The Author agrees to require that the Publisher be given credit as the original publisher in any republication of the Article authorized by the Author. If the Publisher authorizes any other party to republish the Article under the terms of paragraphs 1c and 1 of this Agreement, the Publisher shall require such party to ensure that the Author is credited as the Author.
§2. EDITING OF THE ARTICLE
a) The Author agrees that the Publisher may edit the Article as suitable for publication in the Journal. To the extent that the Publisher’s edits amount to copyrightable works of authorship, the Publisher hereby assigns all right, title, and interest in such edits to the Author.
§3. WARRANTIES
a) The Author represents and warrants that to the best of the Author’s knowledge the Article does not defame any person, does not invade the privacy of any person, and does not in any other manner infringe upon the rights of any person. The Author agrees to indemnify and hold harmless the Publisher against all such claims.
b) The Author represents and warrants that the Author has full power and authority to enter into this Agreement and to grant the licenses granted in this Agreement.
c) The Author represents and warrants that the Article furnished to the Publisher has not been published previously. For purposes of this paragraph, making a copy of the Article accessible over the Internet, including, but not limited to, posting the Article to a database accessible over the Internet, does not constitute prior publication so long as the as such copy indicates that the Article is not in final form, such as by designating such copy to be a “draft,” a “working paper,” or “work-in-progress”. The Author agrees to hold harmless the Publisher, its licensees and distributees, from any claim, action, or proceeding alleging facts that constitute a breach of any warranty enumerated in this paragraph.
§4. TERM
a) The agreement was concluded for an unspecified time.
§5. PAYMENT
a) The Author agrees and acknowledges that the Author will receive no payment from the Publisher for use of the Article or the licenses granted in this Agreement.
b) The Publisher agrees and acknowledges that the Publisher will not receive any payment from the Author for publication by the Publisher.
§6. ENTIRE AGREEMENT
a) This Agreement supersedes any and all other agreements, either oral or in writing, between the Author and the Publisher with respect to the subject of this Agreement. This Agreement contains all of the warranties and agreements between the parties with respect to the Article, and each party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those warranties and agreements embodied in this Agreement.
b) In all cases not regulated by this Agreement, legal provisions of Polish Copyright Act and Polish Civil Code shall apply.
c) Any disputes arising from the enforcement of obligations connected with this Agreement shall be resolved by a court competent for the headquarters of the Publisher.
d) Any amendments or additions to the Agreement must be made in writing and signed by authorised representative of both parties, otherwise being ineffective.
e) This Agreement is signed electronically and the submission of the article via the PRESSto platform is considered as the conclusion of the Agreement by the Author and the Publisher.
f) Clause for consent to the processing of personal data - general
g) The Author shall give his or her consent to the processing of their personal data in accordance with the Act of 10 May 2018 on the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of persons physical in connection with the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation) for the purpose and in connection with making publications available on the PRESSto scientific journals platform and DeGruyter platform, guaranteeing the security of services rendered, and improving them.
I HAVE READ AND AGREE FULLY WITH THE TERMS OF THIS AGREEMENT.
The Author The Publisher